Highland Park City Zoning Code
PART 4
Zoning
§ 230-123 Schedule of zones.
[Amended by Ord. No. 1569; 9-21-2010 by Ord. No. 10-1792; 10-2-2012 by Ord. No. 12-1840; 12-16-2014 by Ord. No. 14-1877]
The Borough is hereby divided into the following zones:
Zone | Description |
|---|---|
RA | Single-Family Residential |
RA-E | Single-Family Residential — Ecological Preservation |
RB | Two-Family Residential |
RM-G | Residential Multifamily Garden Apartment |
RM-T | Residential Multifamily Townhouse |
RM-H | Residential Multifamily Townhouse — Historic Preservation |
RM-M | Residential Multifamily Mid-Rise |
RM-W | Residential Multifamily Townhouse — Waterfront Preservation |
PURD-1 | Planned Unit Residential Development |
PURD-2 | Planned Unit Residential Development-2 |
CBD | Central Business District |
C | Commercial |
PO | Professional Office |
LI | Light Industrial |
CS | Community Service |
C/R | Conservation/Recreation |
QP | Quasi-Public |
SC | Senior Citizen Housing |
§ 230-124 Zoning Map.
[Amended by Ord. No. 1225; Ord. No. 1372; Ord. No. 1569; Ord. No. 1633; 3-4-2014 by Ord. No. 14-1858; 3-2-2020 by Ord. No. 20-1999]
The Borough of Highland Park is hereby divided into zones or districts as shown on the map entitled "2019 Zoning Map of the Borough of Highland Park," as amended by Looney Ricks Kiss on December 12, 2019, which is hereby adopted by reference and declared to be part of this chapter.[1]
[1]
Editor's Note: An updated Zoning Map was adopted 10-15-2024 by Ord. No. 24-2096, which ordinance contains a description of all rezoned parcels. Said Zoning Map is included as an attachment to this chapter.
§ 230-125 Determination of district boundaries.
[Amended by Ord. No. 1372; Ord. No. 1389]
Where uncertainty exists as to the boundaries of districts as shown on the official Zoning Map, the following rules shall apply:
A.
Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed as following such center lines unless such zone boundary lines are fixed by dimensions shown on the official Zoning Map.
B.
Boundaries indicated as approximately following platted lot lines and where they do not scale more than 10 feet distant therefrom shall be construed as following such lot lines, unless specifically shown otherwise.
C.
In unsubdivided land and where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions on the map, shall be determined by the use of the scale appearing thereon.
D.
Boundaries indicated as approximately following municipal limits shall be construed as following municipal limits.
E.
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
F.
Boundaries indicated as following shorelines shall be construed as following such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the center lines of streams, rivers or other bodies of water shall be construed as following such center lines.
G.
Boundaries indicated as parallel to the extensions of features indicated in Subsections A through F above shall be so construed. Distances not specifically indicated on the official Zoning Map shall be determined by the scale of the map. Lands falling within the area generally known as "riparian rights" territory shall be governed by and shall be included within the straight line extension of the zone boundaries of the zone district to which the riparian rights areas are adjoined.
H.
Split zoned lots.
(1)
In all cases where a zone district boundary line divides a lot or parcel of land in one ownership into two or more zone districts, and more than 50% of the area of such lot is situated in one zone district, the regulations prescribed by this chapter for the zone district within which more than 50% of such lot or parcel is situated shall be applied to the entire lot or parcel.
(2)
In the case of uncertainty as to the exact location of a zone boundary line or the computation of land areas within a lot or parcel divided by a zone district boundary line, the interpretation and determination thereof shall be made by the Zoning Board of Adjustment.
J.
Where a lot, as defined by N.J.S.A. 40:55D-4, is proposed for development and encompasses lands on either side of a municipal boundary, the approving authority shall take cognizance of the fact that a municipal boundary line is not a lot line of a property boundary line. The approving authority shall give deference to the use of the lot as a whole and shall determine the applicability of all use, bulk and design requirements in light of the circumstances of the entire tract, not merely that portion which lies within the Borough of Highland Park. No portion of such a lot split by municipal boundaries shall be considered as being developed separate and distinct from that portion across the municipal boundary line. In all cases, the approving authority shall consider the situation of the entire lot split by municipal boundaries, not merely that portion which lies within the Borough. Nothing herein shall relieve any applicant from its obligation to obtain all necessary permits and approvals from the Borough and from satisfying the requirements of the Municipal Land Use Law (N.J.S.A. 40:55D et seq.).
§ 230-126 Conformity with regulations.
The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided:
A.
No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.
B.
No building or other structure shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area or to have narrower or smaller rear yards, front yards, side yards or other open spaces than herein required or in any other manner contrary to the provisions of this chapter.
C.
No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
D.
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
E.
Only those uses specifically identified as a permitted principal use, permitted accessory use, conditional use, permitted sign or other permitted use shall be permitted. All other uses are prohibited.
F.
All territory which may hereafter be annexed to the municipality shall be considered to be zoned in the same manner as the contiguous territory inside previous municipal limits until otherwise classified.
§ 230-127 Administration and enforcement.
[Amended by Ord. No. 1231]
A.
Administrative official.
(1)
An administrative official designated by the governing body shall administer and enforce this section of this chapter. He may be provided with the assistance of such other persons as the governing body may direct.
(2)
If the administrative official shall find that any of the provisions of this chapter are being violated, by inspection or examination by the administrative official or his duly authorized assistants of any building, plans or premises, and he shall have the right to enter any building or premises during daylight hours in the course of his duty, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions. The stated violation shall then be corrected by action of the violating party, and a second inspection and approval shall be accomplished within 30 days.
B.
Certificates of zoning compliance.
(1)
For any development application, it shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof, hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure, until a certificate of zoning compliance shall have been issued therefor by the administrative official, stating that the proposed use of the building or land conforms to the requirements of this chapter and adequate planning standards.
(2)
No permit for erection, alteration, extension, enlargement, movement or repair of any building shall be issued until a certificate of zoning compliance has been duly issued in accordance with the provisions of this chapter. The certificate of zoning compliance shall be issued by the administrative official, stating that the proposed use of the building or land conforms to the requirements of this chapter and adequate planning standards. No certificate of zoning compliance shall be issued by the administrative official unless the application for the said certificate is in conformity with all the provisions of this chapter or has been duly exempted by variance.
(3)
Failure to obtain a certificate of zoning compliance shall be a violation of this chapter.
C.
Expiration of building permit.
(1)
If the work described in any building permit has not commenced within 90 days from the date of issuance thereof, said permit shall expire and be cancelled by the administrative official and written notice thereof shall be given to the persons affected.
(2)
If the work described in any building permit has not been substantially completed within two years of the date of issuance thereof, said permit shall expire and be cancelled by the administrative official and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new building permit has been obtained.
D.
Construction and use to be as provided in applications, plans, permits and certificates of zoning compliance. Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement and construction set forth in such approved plans and applications and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter. If any such permit has been authorized and not lifted from the office of the administrative official and executed by the applicant within a period of six months from the date of authorization, then such authorization shall be null and void and no permit shall be issued thereunder.
E.
When an applicant fails to comply or deviates significantly from any approved plans filed with the approving board, the Zoning Officer shall have jurisdiction to review the aforementioned deviation. If the Zoning Officer is of the determination that the deviation is minor and insignificant, and provided the deviation does not change the intent of the approved use, plans and resolution, the Zoning Officer may approve the deviation. If the Zoning Officer is of the determination that the deviation will result in a substantial change to the approved use, plans and resolution, the applicant shall be required to submit plans showing all proposed revisions to the original approving board. In any event, the Zoning Officer shall make and file a report with the approving board noting all deviations and reasons for the Zoning Officer's decision.
F.
Exempted uses. The following uses shall be permitted to be located anywhere in the municipality and shall be exempt from the provisions of this chapter, except as specifically stated in this section:
(1)
Outdoor telephone booths owned and operated by the New Jersey Bell Telephone Company. Erection of said booths shall be subject to the approval of the administrative official and the Municipal Engineer so that the same shall not constitute traffic and/or safety hazards. Such telephone booths shall be kept in a good state of repair and appearance. The erection and maintenance of said booths shall be subject to such regulations as may be prescribed from time to time by the administrative official and Municipal Engineer in the interest of health, safety and general welfare of the public.
(2)
Normal and customary public utility and service and distribution lines.
(3)
All municipal uses and utilities.
(4)
Outdoor shelters for school bus children or bus patrons. Erection of such shelters shall be subject to the approval of the administrative official and the Municipal Engineer as to sites and construction so that the same shall not constitute traffic and/or safety hazards. Such shelters shall be kept in a good state of repair and appearance. The erection and maintenance of such shelters shall be subject to such regulations as may be prescribed from time to time by the administrative official and Municipal Engineer in the interest of health, safety and general welfare of the public. Such shelters may not carry any advertising or other commercial display.
§ 230-128 Minimum requirements.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals and general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive or that imposing the higher standards shall govern.
§ 230-129 Complaints of violations.
Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the administrative official. He shall record properly such complaint, immediately investigate and take action thereon as provided by this chapter.
§ 230-130 Steep slopes requirements.
[Added by Ord. No. 1633]
For applications involving site disturbance of steep sloped areas or areas with a slope of 10% or greater, the provisions of § 230-122 hereby apply.
§ 230-131 Purpose of residential districts.
Residential districts are established in order to achieve the general goals as stated in § 230-2 and for the following specific purposes:
A.
To protect residential areas against fire, explosion, noxious fumes, offensive noise, vibrations, smoke, dust, odors, heat, glare and other objectionable influences.
B.
To protect residential areas against the intrusion of abnormal vehicular traffic and to provide space for off-street parking.
C.
To protect residential areas against congestion by regulating the bulk of buildings in relation to the land around them and to provide sufficient space in appropriate locations for residential development to meet the needs of probable expansion in population.
D.
To protect those quasi-residential uses which require a residential environment and which provide essential health and welfare services for the residents.
E.
To promote the aesthetic compatibility of all development within the community.
§ 230-132 RA Single-Family Residential Zone.
[Amended by Ord. No. 1269; Ord. No. 1347]
The following regulations shall apply in the RA Residential Zone.
B.
Permitted accessory uses.
[Amended 10-20-2020 by Ord. No. 20-2014]
(1)
Private garage space.
(2)
Greenhouses, tool sheds and other similar structures.
(3)
Private recreational facilities, such as but not limited to swimming pools, tennis courts, home gyms and satellite dish antennas (receive only), provided these uses shall be noncommercial and that lighting shall be directed away from adjacent lots.
(4)
Fences, walls and hedges.
(5)
Home occupations.
C.
Conditional uses.
(1)
Churches, synagogues and other similar places of worship, parish houses, and convents.
(2)
Public utility facilities required to provide the direct service of the utility to the consumers, such as transformers and pumping stations, but excluding warehouses, service or storage and treatment yards and offices.
(3)
Public parks and playgrounds.
F.
Parking.
(1)
Parking for residential uses shall be required in accordance with the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.).[1]
[Amended 8-2-2022 by Ord. No. 22-2055]
[1]
Editor's Note: Former Subsection G, Permitted signs, which immediately followed this subsection, was repealed 7-16-2024 by Ord. No. 24-0287]
§ 230-133 RB Two-Family Residential Zone.
[Amended by Ord. No. 1269; Ord. No. 1347]
The following regulations shall apply in the RB Residential Zone.
B.
Permitted accessory uses.
[Amended 10-20-2020 by Ord. No. 20-2014]
(1)
Private garage space.
(2)
Greenhouses, tool sheds and other similar structures.
(3)
Private recreational facilities, such as but not limited to swimming pools, tennis courts, home gyms and satellite dish antennas (receive only), provided these uses shall be noncommercial and that lighting shall be directed away from adjacent lots.
(4)
Fences, walls and hedges.
(5)
Home occupations.
C.
Conditional uses.
(1)
Churches, synagogues and other similar places of worship, parish houses, and convents.
(2)
Public and private institutions for education not operated for profit.
(3)
Public utility facilities required to provide the direct service of the utility to the consumers, such as transformers and pumping stations, but excluding warehouses, service or storage and treatment yards and offices.
(4)
Fraternal, charitable and philanthropic institutions.
(5)
Public parks and playgrounds.
D.
F.
Parking.
[Amended 8-2-2022 by Ord. No. 22-2055]
§ 230-134 RA-E Single-Family Residential - Ecological Preservation Zone. [1]
[Added by Ord. No. 1569]
A.
Purpose of RA-E Zone. This residential district is established in order to achieve the general goals as stated in § 230-2, and for the following general purposes:
(1)
Encourage the protection of environmentally sensitive areas of the community with such natural features as steep slopes, shallow soils, mature wooded areas, stream corridors and floodplains, and other features deserving of protection;
(2)
Preserve open space through encouraging the development technique of residential clusters;
(3)
Enhance community appearance through providing flexibility in residential design;
(4)
Provide the opportunity for visual and physical linkages of open space throughout the Borough by protecting natural areas adjacent to or in close proximity to existing parks and ecological preserves.
(5)
Develop harmonious settings for the interface of residential development and natural resource preservation through buffering and transitional land usage.
C.
Permitted accessory uses.
[Amended 10-20-2020 by Ord. No. 20-2014]
(1)
Private garage space.
(2)
Greenhouses, tool sheds and other similar structures.
(3)
Private recreational facilities, such as but not limited to swimming pools, tennis courts, home gyms and satellite dish antennas (receive only), provided these uses shall be noncommercial and that lighting shall be directed away from adjacent lots.
(4)
Fences, walls and hedges.
(5)
Home occupations.
D.
Conditional uses.
(1)
Churches, synagogues and other similar places of worship, parish houses, and convents.
(2)
Public utility facilities required to provide the direct service of the utility to the consumers, such as transformers and pumping stations, but excluding warehouses, service or storage and treatment yards and offices.
E.
Bulk regulations.
(1)
Standard option. The requirements for this district of lot area and width, yard dimensions, building coverage and height shall be listed in the bulk schedule for the RA-E Zone contained in § 230-149 of this chapter.
(2)
Residential cluster option. The requirements for a single-family residential cluster development shall be listed in the bulk schedule for the RA-E Zone (residential cluster) contained in § 230-149 of this chapter. The following open space requirements must be met for the cluster option:
(a)
A minimum of 40% of the total site area shall be devoted to open space.
(b)
At least 90% of the area devoted to open space shall be preserved in its natural state.
(c)
The developer may dedicate, and the Borough of Highland Park and/or County of Middlesex may accept, the open space for public use.
(d)
If the open space is not dedicated to the Borough of Highland Park and/or County of Middlesex, the developer shall create a homeowners' association for the ownership and maintenance of the open space for the benefit of the owners and residents of the development. Such association shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the Borough of Highland Park and/or County of Middlesex.
G.
(1)
Parking for residential uses shall be required in accordance with the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.).
[Amended 8-2-2022 by Ord. No. 22-2055]
I.
Buffering and landscaping.
(1)
A planted buffer shall be provided along the exterior tract line. The buffer shall be a minimum width of 10 feet. Planting material shall be at least six feet in height at the time of planting.
(2)
All areas not devoted to structures, parking areas, and other required uses shall be landscaped in accordance with an approved landscape plan. Wherever possible, natural features shall be preserved.
[1]
Editor's Note: Original § 17-17.4, RC Planned Two-Family Residential Zone, as amended by Ord. Nos. 1194, 1269 and 1347, was repealed by Ord. No. 1569.
§ 230-134.1 MEAH Multifamily Residential-Overlay Zone.
[Added 7-2-2019 by Ord. No. 19-1985]
A.
Purpose of MFAH Multifamily Residential Overlay Zone. This residential overlay district is established in order to potentially address the Borough's future fair share obligation, and for the following general purposes, and is located in Block 47, Lots 27 through 75:
E.
Number of buildings and dwelling units. There shall be one multifamily building with an interior courtyard, sitting directly over a podium parking structure. There shall be no greater than 75 dwelling units on the tract. Two-story units within the building shall be permitted.
F.
Bulk regulations.
(1)
Minimum lot area: four acres.
(2)
Minimum lot width: 200 feet.
(3)
Minimum lot depth: 500 feet.
(4)
Minimum setback (from the southern tract boundary): 180 feet.
(6)
Minimum setback (from the eastern tract boundary): 40 feet.
(7)
Minimum setback (from the western tract boundary): 40 feet.
(8)
Maximum lot coverage: 30%.
(a)
The interior courtyard shall be exempt from the calculation of lot coverage.
(9)
Maximum impervious coverage: 50%.
(10)
Minimum GFA/DU: 650 square feet.
G.
Affordable housing. A specific affordable housing set-aside of 15% (for rental units) or 20% (for for-sale units) of all residential units created within this zone shall be made available for very-low-, low- and moderate-income families in a methodology consistent with the rules of the New Jersey Council on Affordable Housing (COAH) or any duly authorized successor entity of the State of New Jersey.
(1)
Affordable units shall be interspersed uniformly throughout the development.
(2)
Very-low; low- and moderate-income housing shall be constructed and rented in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1.1 et seq.[1] and the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq. The split between very-low- low- and moderate-income housing shall provide the following:
(a)
At least 13% of the affordable units shall be affordable to very-low-income (VLI) households at 30% of the median income;
(b)
At least 50% of the affordable units shall be made affordable to low-income units (the 50% requirement is inclusive of the 13% VLI requirement); and
(c)
The balance of units permitted at moderate income shall not exceed a maximum of 50% of all affordable units.
[1]
Editor's Note: N.J.A.C. 5:93-1.1 et seq. expired 10-16-2016.
(3)
Bedroom distribution. A minimum of 20% of the affordable units shall be three-bedroom units, and the combined number of efficiency and one-bedroom units shall be no greater than 20% of the affordable units. The remaining bedroom distribution shall also be in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1.1 et seq.,[2] the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq., the Fair Housing Act (FHA)[3] and all other applicable laws.
(4)
The range of affordability, pricing and rent of units, affirmative marketing, thirty-year minimum affordability controls and construction phasing with the market-rate units developed on the tract shall also be in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1.1 et seq.,[4] the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq., the Fair Housing Act (FHA)[5] and all other applicable laws.
(5)
Affordable housing units shall be affordable family units and shall not be age-restricted or supportive housing units.
(6)
The Borough-designated Affordable Housing Administrator shall be responsible to affirmatively market, administer and certify the occupant of each affordable unit, with all administrative costs to be paid by the developer.
H.
Height.
(1)
There shall be a maximum of four stories over the podium parking structure.
(2)
The fourth story shall be confined to the area contained under a sloping roof on the north, east and west sides of the building, such that it would appear to be a 3 1/2 story building, which may contain dormers. A full fourth story shall be permitted on the areas facing the interior courtyard and a portion of the south side of the building facing the open space area such that the required sloping roof on the east and west sides of the building wraps the corners to the south side of the building.
(3)
The highest point of the building shall be no greater than an assumed elevation of 110 feet.
(4)
The finish floor elevation of the podium parking structure shall be no greater than an assumed elevation of 50 feet.
(5)
Assumed elevations shall be relative to the benchmark established in a concept plan entitled "Gabrielle Estates, LLC," prepared by EP Design Services, LLC, dated November 29, 2018.
I.
Podium parking structure. The podium parking structure shall be designed to be a less obvious feature as viewed from adjacent properties and the South Sixth Avenue public right-of-way, as follows:
(1)
The podium parking structure shall not be exposed on the north and west sides of the building, except for the garage entry at the northeast corner of the building as required in Subsection K.
(2)
The podium parking structure may be exposed on the east and south sides of the building in order to take advantage of natural ventilation.
J.
Utilities and aging infrastructure. To accommodate the proposed development and to ensure that the building is lower in elevation to the extent practical, the developer shall be required to remove the existing utilities that are presently located through the center of the tract and replace them with new utilities located along the west side of the building.
K.
Access and parking.
(1)
A texture-paved motor court shall be provided at the terminus of the existing South Sixth Avenue right-of-way at the northern tract boundary.
(2)
The texture-paved motor court shall connect to a speed ramp that provides access to the garage entry to the podium parking structure at the northeast corner of the building.
(3)
Parking shall be required in accordance with the Residential Site Improvement Standards. All parking shall be located in the podium parking structure under the building. Up to five parking spaces may be provided within the texture-paved motor court.
(4)
Indoor bicycle storage closets, rooms and/or bicycle racks shall be provided to accommodate a minimum of one bicycle for each dwelling unit.
L.
Fire protection and emergency access.
(1)
The building shall be in compliance with NFPA 13.
(2)
The developer shall provide and maintain emergency access to the building to ensure proper fire protection throughout all phases of construction.
(3)
The multi-use trail as required in Subsection M shall be of such design that it accommodates emergency access, including stabilization of and turnaround movements for fire apparatus. This may include the use of pavers or other driving surfaces capable of supporting the imposed load of fire apparatus on either side of the paved multi-use trail.
M.
Open space.
(1)
A minimum of 35% of the tract shall be devoted to open space. To qualify as open space, the minimum horizontal dimension shall be 40 feet. Permitted projections in accordance with Subsection S shall be permitted to encroach into the open space.
(2)
A multi-use trail at least six feet and no greater than 12 feet in width and designed to provide public access and accommodate emergency access from South Sixth Avenue around the west side of the building and to the southern tract boundary shall be required. The multi-use trail shall be considered as part of the open space requirement and excluded from the calculation of impervious coverage.
(3)
The developer may dedicate, and the Borough of Highland Park and/or County of Middlesex may accept, the open space for public use.
(4)
If the open space is not dedicated to the Borough of Highland Park and/or County of Middlesex, the developer shall grant a public access easement to permit the public to access and utilize the required multi-use trail such that the public is able to traverse the tract from the South Sixth Avenue public right-of-way to the southern tract boundary. Additionally, the open space shall be maintained. If the project is developed as rental units, the landlord shall retain ownership and be responsible for the maintenance of the open space for the benefit of the residents of the development. If the project is developed as condominium units, the developer shall create a homeowners' association for the ownership and maintenance of the open space for the benefit of the owners and residents of the development. Such association shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the Borough of Highland Park and/or County of Middlesex.
N.
Landscaping. The landscaping plan shall be designed with a goal of returning those portions of the tract not improved with the building, retaining walls and the texture-paved motor court to a wooded, park-like landscape. In general, proposed trees shall be planted in natural patterns and groupings on the southern portion of the site, on sloping terrain along site boundaries, and adjacent to the multi-use trail. Landscaping may be more regular in pattern along retaining walls. Foundation plantings at the base of the building shall utilize varied patterns designed in a coordinated manner with the footprint stepping, projections and massing of the adjacent portion of the building. Long, continuous plantings of a single species in linear repetition shall be avoided through the design of patterns utilizing multiple species. All landscaping shall be native species and shall be approved by the Shade Tree Advisory Committee (STAC). Landscaping shall be regulated as follows:
(1)
The base of the building shall be provided with intensive and extensive foundation plantings consisting of evergreen and deciduous shrubs. Such plantings shall be a minimum of 30 inches tall at time of planting and spaced an average of three feet on center. A planting bed containing extensive flower and ground cover shall extend a minimum of two feet in front of the foundation plantings along the entire facade. A variety of plant species are encouraged to avoid monocultures, to encourage long-lived species and to promote wildlife habitat. Of the required plantings, no greater than 33% shall be of one species.
(2)
The visibly exposed portions of the podium parking structure shall be provided with additional foundation plantings, including evergreen trees a minimum of six feet tall at time of planting and spaced an average of three feet on center.
(3)
Shade trees shall be provided along the perimeter of the texture-paved motor court. Such trees shall be a minimum size of 3 1/2 inches in caliper at time of planting and be spaced at least 25 feet and no greater than 35 feet on center.
(4)
Buffer landscaping. Development within this zone shall comply with § 230-95 of this chapter. An existing and/or planted buffer shall be provided along the exterior tract line. The buffer shall be a minimum width of 20 feet. Planting material shall consist of a continuous screen of evergreen trees a minimum of six feet tall at time of planting and spaced three feet on center. Buffer landscaping may contain replacement trees.
(5)
Wherever possible, natural features shall be preserved.
O.
Tree replacement. Trees removed as a result of environmental testing and any further development within this zone shall comply with the Highland Park Tree Removal and Protection Ordinance (Chapter 388 of the Code). As many replacement trees shall be located within the required open space area at the southern portion of the tract to the extent practical, with the remainder to supplement the required landscaping and buffer as permitted in Subsection N. All replacement trees shall be native species. Additionally, the Planning Board, in consultation with the Shade Tree Advisory Committee (STAC), may require up to 25% of the replacement trees to be provided on the tract within the required open space at the southern portion of the tract to be at least eight inches in caliper. These replacement trees shall be located within the area disturbed for environmental testing and near or within the steep slopes for stabilization of the tract and adjacent properties. Those replacement trees that are at least eight inches in caliper shall count as four replacement trees, and any replacement trees that are at least 10 inches in caliper shall count as six replacement trees. In no case, however, shall the value of the replacement trees exceed that required under Chapter 388 of the Code.
P.
Fences, walls, hedges. Development within this zone shall comply with § 230-100 of this chapter and shall be designed with a goal of avoiding the appearance of a gated community, but this shall not prohibit providing secure access at the garage entry to the podium parking structure at the northeast corner of the building. No fence or gate shall be permitted along the northern tract boundary or located between the building and the northern tract boundary. Fences may be located at the sides and rear of the building, provided they are set back at least 10 feet from any tract boundary. Fences may be located within the open space area at the southern portion of the tract only if required by code or by an outside agency having jurisdiction and shall be the minimum permitted height as permitted by such code or outside agency having jurisdiction. Additionally, no nonstructural walls shall be permitted except for decorative purposes, which shall be limited to two feet in height and located at the sole discretion of the approving authority.
Q.
Retaining walls. To accommodate the proposed development, retaining walls shall be exempt from the setback and height limitations imposed by § 230-100 of this chapter, provided that retaining walls shall be no closer than 10 feet to any tract boundary. To assure stabilization of the tract and adjacent properties, the final number, location, length and height of retaining walls shall be subject to site plan review. Additionally, the base and the top of retaining walls shall be provided with landscaping as required in Subsection N.
R.
Steep slopes. To accommodate the proposed development, the steep slope provisions of § 230-122 shall only apply to the required open space area. To assure stabilization of the tract and adjacent properties, any disturbance as a result of any retaining walls as required in Subsection Q and the multi-use trail as required in Subsection M within the required open space area shall be exempt from the steep slopes provisions.
S.
Building massing and design.
(1)
Architectural style.
(a)
The building shall be designed to reflect the Tudor or Arts and Crafts design character found in the community or another style that is compatible with the required massing and deemed to be appropriate at the approval of the Planning Board.
(b)
The massing, fenestration, materials, colors and details of the building shall reflect the defining characteristics and identifying features of the architectural style selected for such building.
(2)
Exterior massing and wall lengths.
(a)
The north side of the building shall conform to the following:
[1]
"Main Entry Body" massing. The portion of the wall fronting on the multi-use trail and texture-paved motor court containing the building entrance shall be composed of at least three projecting gable or bay elements with a hierarchy of size and scale where the building entrance is the most prominent and the others vary in scale and articulation. Any gable element shall project a minimum of four feet, and any bay element shall project a minimum of two feet from the exterior building wall. This wing shall allow the portion of the building fronting on the texture-paved motor court to be more prominent and the primary focus of the building to be as viewed from the access point on South Sixth Avenue.
[2]
"Secondary Wing" massing. The portion of the wall containing the garage entry to the podium parking structure shall be designed with a goal of making this portion of the building a less visually prominent secondary wing on the eastern side of the building. This wing shall be recessed by providing an offset that steps inward by a minimum distance of four feet. This wing shall incorporate one bay element situated on the second and third floors (and may include the fourth floor) and shall be centered over the garage entry. The bay element shall project two feet from the wing. The width of the bay element shall extend a minimum distance of 12 feet and a maximum distance of 24 feet.
(b)
On all other sides of the building, the outer corner wall lengths as measured from the outside corner of the building shall extend a minimum distance of 50 feet and a maximum distance of 75 feet, after which such wall shall be recessed by providing an offset that steps inward by a minimum distance of four feet. There shall be a minimum distance of 25 feet and a maximum distance of 100 feet between required minimum offsets.
(c)
For the purposes of this subsection, the outer corner walls shall be considered Facade Type A while offset recessed walls shall be considered Facade Type B.
(d)
Within the wall area of each Facade Type A, at least two bay elements shall be provided. Within the wall area of each Facade Type B, at least one bay element shall be provided for every 50 feet or part thereof.
(e)
Each bay element shall be regulated as follows:
[1]
Each bay element shall project two feet from an exterior building wall, which may extend a maximum of two feet into any setback requirement.
[2]
The width of each bay element shall extend a minimum distance of 10 feet and a maximum distance of 30 feet.
[3]
No bay element shall be closer than four feet to another bay element or other facade type.
[4]
The height of each bay element shall be a minimum of two stories.
[5]
Those bay elements that engage the fourth story shall interrupt the roofline of the main roof so that the facade of the bay element is continuous.
(f)
There shall be no restriction on exterior wall lengths in the interior courtyard of the building.
(3)
Roof massing.
(a)
The roof associated with Facade Type A may be up to two feet higher than the roof associated with Facade Type B. The taller roof allowance shall not be permitted for the roof associated with the secondary wing containing the garage entry to the podium parking structure at the northeast corner of the building.
(4)
Cross gables, projecting bay elements and dormers.
(a)
Cross gables, projecting bay elements and dormers shall generally take the form of a jerkinhead (a front-facing gable peak which is partially clipped with a hip roof) design in order to reduce the height and scale of such taller projecting elements.
(b)
There shall be a diversity of dormer types composed in a pattern appropriate to the style of the building, including jerkinhead and shed dormers.
(5)
Permitted projections.
(a)
Cornices, eaves and roof overhangs shall project a minimum distance of two feet and a maximum distance of four feet from an exterior building wall and bay element, which may extend a maximum distance of four feet into any setback requirement.
(b)
Gutters and downspouts may project a maximum distance of one foot from an exterior building wall and bay element, which may extend into any setback requirement.
(c)
Balconies shall be permitted on the north and south sides of the building and may project a maximum distance of 18 inches from an exterior building wall and bay element, which may extend into any setback requirement.
(d)
Balconettes shall be permitted on the east and west sides of the building and may project a maximum distance of six inches from an exterior building wall and bay element, which may extend into any setback requirement.
(e)
There shall be no restriction on balconies and balconettes located in the interior courtyard of the building.
(f)
Stoops, entrance platforms and steps shall be permitted to project into any setback requirement.
(6)
Mechanical equipment.
(a)
All mechanical equipment shall be located on the roof. No mechanical equipment shall be permitted on the ground.
(b)
The parapet wall associated with the roof shall be of such design and height to visually screen any rooftop mechanical equipment from adjacent properties and the South Sixth Avenue public right-of-way.
(7)
Materials.
(a)
Permitted building materials for exterior wall surfaces facing adjacent properties shall include brick and fiber cement siding.
(b)
Trim materials may consist of precast stone, wood, fiber cement panels and PVC.
(c)
Vinyl, cultured stone, stucco and EIFS shall not be permitted on exterior wall surfaces facing adjacent properties.
(d)
There shall be no restriction on materials for wall surfaces in the interior courtyard of the building.
T.
Accessory structure for refuse and recycling area.
(1)
One accessory structure may be permitted as an enclosure for trash and recyclables with access from the texture-paved motor court in a location determined by the Planning Board to provide sufficient setback, screening and buffering from neighboring properties.
(2)
Such accessory structure shall be a brick structure designed to complement the architecture of the principal building.
(3)
The design of the accessory structure shall incorporate a sloped roof that is hipped along the sides facing the neighboring property lines and windows, with blacked-out or frosted glass that are complementary to the primary structure, located on the three sides of the structure that do not have the access door for the trash removal.
§ 230-135 RM-G Residential Multifamily - Garden Apartment Zone.
[Amended by Ord. No. 1269]
The following regulations shall apply in the RM-G Residential Zone.
B.
Permitted accessory uses.
(1)
Private garage space and parking area.
[Amended 10-20-2020 by Ord. No. 20-2014]
(2)
Private recreational facilities, such as but not limited to swimming pools, tennis courts and satellite dish antennas (receive only), provided these uses shall be noncommercial and that all lighting shall be directed away from adjacent lots.
(3)
Greenhouses, toolsheds and other similar structures.
(4)
Fences, walls and hedges.
C.
Conditional uses.
(1)
Churches, synagogues, and other similar places of worship, parish houses, convents or other church-related activity.
(2)
Public and private institutions for education not operated for profit.
(3)
Public utility facilities required to provide the direct service of the utility to the consumers, such as transformers and pumping stations, but excluding warehouses, service or storage and treatment yards and offices.
(4)
Fraternal, charitable and philanthropic institutions.
D.
Bulk regulations.
(1)
The requirements for this district of lot area and width, yard dimensions, building coverage and height shall be listed in the bulk schedule contained in § 230-149 of this chapter.
(2)
Other RM-G bulk regulations.
(a)
Minimum building setback from an exterior tract boundary: 50 feet.
(b)
Minimum distance between buildings: 35 feet between non-window walls and 90 feet between window walls.
(c)
Minimum building setback from an interior driveway: 20 feet.
(d)
Minimum building setback from any parking area: 15 feet.
F.
Regulations for garden apartments.
(2)
The maximum density of dwelling units in a garden apartment development shall not exceed 10 units per acre for the total lot area.
(3)
No more than 10 first-floor dwelling units shall be contained in any one continuous structure, not to exceed 200 feet in structural length.
(4)
Garden apartment structures may be grouped with architectural design consistent in each structure. A minimum four-foot building offset shall be required every two doors.
(5)
Where practical, the design layout of garden apartment structures shall be such that the front of one residential building or structure does not face the rear of another such building or structure or the rear of buildings or structures on adjoining properties unless 200 feet distant therefrom.
(6)
No basement or attic apartments shall be permitted.
(8)
There shall be a landscaped buffer strip consisting primarily of evergreen trees. The buffer strip shall be provided along all interior lot lines and also adjacent to exterior lot lines. The buffer shall be a minimum width of 10 feet. Planting material shall be at least six feet high at the time of planting, and it shall be the responsibility of the owner or developer to carry out this program and to promote such maintenance and care as is required to obtain the effect intended by the original plan.
(9)
All areas not devoted to structures, parking areas, and other required uses shall be appropriately landscaped in accordance with an approved landscape plan. Wherever possible, natural features shall be preserved. Landscaped areas shall be maintained by and at the expense of the owner.
(10)
The following open space requirements shall be met:
(a)
A minimum of 25% of the total site area shall be devoted to open space, at least 10% of which shall be developed for active and passive recreation usage.
(b)
Recreation areas may include but are not limited to swimming pools and related facilities, bicycle and walking/jogging paths, tennis courts or other appropriate facilities.
(c)
For purposes of this provision, "open space," "open space area," and "recreation area" shall be exclusive of required front, side and rear yards, driveways, parking areas, loading or storage areas and shall be maintained exclusively for residents of the site.
(d)
Such space shall not be located closer than 20 feet from a public street, interior road or driveway.
(11)
All streets, roads and driveways shall be constructed and maintained in accordance with municipal requirements.
(12)
All proposed developments shall be of maintenance-free materials with masonry exterior walls.
(13)
All garden apartment developments shall be served by public water and sanitary sewer lines, the plans for which shall be approved by the Borough Engineer prior to the issuance of a building permit.
(14)
All utilities necessary to serve garden apartment developments shall be installed and underground.
(15)
No freestanding accessory structures shall be permitted other than those associated with community and/or recreational facilities or maintenance of the development. Any freestanding accessory structures shall be erected only in accordance with the approved site plan for the development.
(16)
The maximum net density permitted shall not exceed 12 dwelling units per acre of the proposed residential cluster.
G.
Parking.
(1)
Parking for residential uses shall be required in accordance with the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.).[1]
[Amended 8-2-2022 by Ord. No. 22-2055]
[1]
Editor's Note: Former Subsection H, Permitted signs, which immediately followed this subsection, was repealed 7-16-2024 by Ord. No. 24-0287]
§ 230-136 RM-T Residential Multifamily - Townhouse Zone.
[Amended by Ord. No. 1269]
The following regulations shall apply in the RM-T Residential Zone.
B.
Permitted accessory uses.
(1)
Private garage space and parking area.
[Amended 10-20-2020 by Ord. No. 20-2014]
(2)
Private recreational facilities, such as but not limited to swimming pools, tennis courts and satellite dish antennas (receive only), provided these uses shall be noncommercial and that all lighting shall be directed away from adjacent lots.
(3)
Greenhouses, toolsheds and other similar structures.
(4)
Fences, walls and hedges.
C.
Conditional uses.
D.
Bulk regulations.
(1)
The requirements for this district of lot area and width, yard dimensions, building coverage and height shall be listed in the bulk schedule contained in § 230-149 of this chapter.
(2)
Other RM-T bulk regulations.
(a)
Minimum building setback from an exterior tract boundary: 50 feet.
(b)
Minimum front yard setback: 25 feet.
(c)
Minimum rear yard setback: 25 feet.
(d)
Minimum distance between buildings: 35 feet between non-window walls and 90 feet between window walls.
(e)
Minimum building setback from an interior street line: 25 feet.
(f)
Minimum side yard setback for all end units: 25 feet.
F.
Regulations for townhouses.
(2)
The maximum gross density of dwelling units in a townhouse development shall not exceed six units per acre for the total lot area.
(3)
The minimum width of any townhouse shall be 20 feet.
(4)
No more than eight townhouse units shall constitute a townhouse row or attached row of units in one building.
(5)
The townhouses shall be constructed in a staggered fashion so that the front wall of every two townhouse units is a minimum of four feet from the front building line of the two townhouse units on either side.
(6)
Each townhouse unit shall have two means of entrance and exit separate and apart from that of any other unit.
(7)
Each townhouse unit shall have two exterior walls with window access to light and air.
(9)
The following open space requirements shall be met:
(a)
A minimum of 25% of the total site area shall be devoted to open space.
(b)
At least an additional 10% of the total site area shall be developed as active and passive recreation facilities.
(c)
Recreation areas may include but are not limited to swimming pools and related facilities, bicycle and walk paths, tennis courts or other appropriate facilities.
(d)
For purposes of this provision, "open space," "open space area," and "recreation area" shall be exclusive of required front, side and rear yards, driveways, parking areas, loading or storage areas and shall be maintained exclusively for residents of the site. All required open space areas and required recreation areas shall be fully contiguous and accessible to the residential development to which it serves.
(e)
Such space shall not be located closer than 20 feet from a public street, interior road or driveway.
(10)
A planted buffer area shall be provided along exterior lot lines. The buffer shall be a minimum width of 10 feet. Planting material shall be at least six feet in height at the time of planting.
(11)
All areas not devoted to structures, parking areas, and other required uses shall be landscaped in accordance with an approved landscape plan. Wherever possible, natural features shall be preserved.
(12)
Off-street parking spaces for units shall be provided in parking areas located within 50 feet of each dwelling unit. Parking areas, driveways and walkways shall be illuminated, screened and buffered with shade trees and evergreens.
(14)
All townhouse units shall be served by public water and sanitary sewer lines, the plans for which shall be approved by the Borough Engineer prior to the issuance of a building permit.
(15)
All utilities necessary to serve the townhouse units shall be installed underground.
(16)
The maximum net density permitted shall not exceed eight dwelling units per acre of the proposed residential cluster.
(17)
Prior to approval of any application for a multifamily development in this zone, the applicant, through licensed professional expertise, shall submit an environmental impact statement, prepared in conformance with § 230-81 of this chapter, and shall additionally provide by mapping an outbound survey of all areas found to be environmentally or ecologically sensitive. Further, soil tests, based upon laboratory analysis of both test pits and test borings, shall be provided.
(18)
A one-hundred-foot-wide buffer shall be provided for all areas determined to be an environmental or ecological sensitive area. No building, pavement or other development other than supplemental landscaped plantings shall occur within this one-hundred-foot-wide buffer area.
(19)
No development shall be permitted within any land area deemed to be environmentally sensitive, based upon the findings of fact by the reviewing board as a result of its analysis and review of the submitted environmental impact statement.
(20)
A specific affordable housing set-aside of 10% of all residential units created within this zone shall be made available for low- and moderate-income families in a methodology consistent with the rules of the New Jersey Council on Affordable Housing.
G.
Parking.
(1)
Parking for residential uses shall be required in accordance with the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.).[1]
[Amended 8-2-2022 by Ord. No. 22-2055]
[1]
Editor's Note: Former Subsection H, Permitted signs, which immediately followed this subsection, was repealed 7-16-2024 by Ord. No. 24-0287]
§ 230-137 RM-M Residential Multifamily - Mid-Rise Zone.
[Amended by Ord. No. 1269]
The following regulations shall apply in the RM-M Residential Zone.
B.
Permitted accessory uses.
(1)
Private garage space and parking area.
[Amended 10-20-2020 by Ord. No. 20-2014]
(2)
Private recreational facilities, such as but not limited to swimming pools, tennis courts and satellite dish antennas (receive only), provided these uses shall be noncommercial and that all lighting shall be directed away from adjacent lots.
(3)
Greenhouses, toolsheds and other similar structures.
(4)
Fences, walls and hedges.
D.
Bulk regulations.
(1)
The requirements for this district of lot area and width, yard dimensions, building coverage and height shall be listed in the bulk schedule contained in § 230-149 of this chapter.
(2)
Other RM-M bulk regulations:
(a)
When the majority of existing buildings within 500 feet of the subject site are situated on average ground elevations at least 10 feet lower than the average ground elevation for the proposed building, maximum building height shall be 35 feet or three stories.
(b)
When the majority of existing buildings within 500 feet of the subject site are situated on average ground elevations that are at least 10 feet higher than the ground elevation for the proposed building on the subject site, the maximum permitted building height shall be 60 feet or five stories.
(3)
Minimum building setback from any property line adjoining an existing single-family residential use or a single-family residential zone shall be not less than 100 feet.
(4)
Prior to approval of any application for a multifamily development in this zone, the applicant, through licensed professional expertise, shall submit an environmental impact statement, prepared in conformance with § 230-81 of this chapter, and shall additionally provide by mapping an outbound survey of all areas found to be environmentally or ecologically sensitive. Further, soil tests, based upon laboratory analysis of both test pits and test borings, shall be provided.
(5)
A one-hundred-foot-wide buffer shall be provided for all areas determined to be an environmental or ecological sensitive area. No building, pavement or other development other than supplemental landscaped plantings shall occur within this one-hundred-foot-wide buffer area.
(6)
No development shall be permitted within any land area deemed to be environmentally sensitive, based upon the findings of fact by the reviewing board as a result of its analysis and review of the submitted environmental impact statement.
(7)
A specific affordable housing set-aside of 10% of all residential units created within this zone shall be made available for low- and moderate-income families in a methodology consistent with the rules of the New Jersey Council on Affordable Housing.
(8)
The following open space requirements shall be met:
(a)
A minimum of 25% of the total site area shall be devoted to open space.
(b)
At least 10% of the total site area shall be developed as active and passive recreation facilities.
(c)
Recreation areas may include but are not limited to swimming pools and related facilities, bicycle and walk paths, tennis courts or other appropriate facilities.
(d)
For purposes of this provision, "open space" shall be exclusive of required front, side and rear yards, driveways, parking areas, loading or storage areas and shall be maintained exclusively for residents of the site.
(e)
Such space shall not be located closer than 20 feet from a public street, interior road or driveway.
(9)
A planted buffer area shall be provided along exterior lot lines. The buffer shall be a minimum width of 10 feet. Planting material shall be at least six feet in height at the time of planting.
(10)
All areas not devoted to structures, parking areas, and other required uses shall be landscaped in accordance with an approved landscape plan. Wherever possible, natural features shall be preserved.
(11)
Off-street parking spaces for units shall be provided in parking areas located within 150 feet of each main entrance. Parking areas, driveways and walkways shall be illuminated, screened and buffered with shade trees and evergreens.
F.
Parking and other requirements.
(1)
Parking for residential uses shall be required in accordance with the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.).
[Amended 8-2-2022 by Ord. No. 22-2055]
(2)
All elevators included in any project shall provide adequate width and length and shall provide adequate door width for use by any stretchers or other devices used by the Highland Park emergency service agencies.[1]
[1]
Editor's Note: Former Subsection G, Permitted signs, as amended, which immediately followed this subsection, was repealed 7-16-2024 by Ord. No. 24-0287]
§ 230-138 RMT-W Residential Multifamily Townhouse - Waterfront Preservation Zone.
[Amended by Ord. No. 1269]
The following regulations shall apply in the RMT-W Residential Zone.
A.
B.
Permitted accessory uses.
(1)
Private garage space and parking area.
[Amended 10-20-2020 by Ord. No. 20-2014]
(2)
Private recreational facilities, such as but not limited to swimming pools, tennis courts and satellite dish antennas (receive only), provided these uses shall be noncommercial and that lighting shall be directed away from adjacent lots.
(3)
Greenhouses, toolsheds and other similar structures.
(4)
Fences, walls and hedges.
(5)
Boat trailer parking areas.
C.
Conditional uses.
(1)
Public safety facilities and public utility facilities required to provide the direct service of the utility to the consumers, such as transformers and pumping stations, but excluding warehouses, service or storage and treatment yards and offices.
(2)
Public parks and playgrounds.
(3)
Marine chandler supply stores where goods are sold or personal services are rendered that are clearly and exclusively oriented to the marine activities in the area, provided that all goods or products fabricated or processed incidental to such shall be sold at retail for use on the premises.
(4)
Other commercial uses which are clearly and exclusively oriented to the marine activities in the area, such as building, sale, rental, storage of boats or repair of boat engines, and related equipment, subject to the same regulations as found for marine chandler supply stores.
D.
Bulk regulations.
(1)
The requirements for this district of lot area and width, yard dimensions, building coverage and height shall be listed in the bulk schedule contained in § 230-149 of this chapter.
(2)
Other RM-W bulk regulations.
(a)
Minimum building setback from an exterior tract boundary: 50 feet.
(b)
Minimum front yard setback: 25 feet.
(c)
Minimum rear yard setback: 25 feet.
(d)
Minimum distance between buildings: 35 feet between non-window walls and 90 feet between window walls.
(e)
Minimum building setback from an interior street line: 25 feet.
(f)
Minimum side yard setback for all end units: 25 feet.
E.
Prohibited uses.
(1)
All nonresidential uses, such as but not limited to professional offices, institutional, commercial and industrial uses, including signs.
(2)
All residential uses not specifically permitted in this zone.
(3)
All retail and service uses not specifically permitted in the RM-W Zone.
(4)
Any development aspect which adversely impacts environmentally sensitive areas.
F.
Regulations for townhouses.
(2)
The maximum density of dwelling units in a townhouse development shall not exceed six units per acre for the total lot area.
(3)
The minimum width of any townhouses shall be 20 feet.
(4)
No more than eight townhouse units shall constitute a townhouse row or attached row of units in one building.
(5)
The townhouses shall be constructed in a staggered fashion so that the front wall of every two townhouse units is a minimum of four feet from the front building line of the two townhouse units on either side.
(6)
Each townhouse unit shall have two means of entrance and exit separate and apart from that of any other unit.
(7)
Each townhouse unit shall have two exterior walls with window access to light and air.
(9)
The following open space requirements shall be met:
(a)
A minimum of 25% of the total site area shall be devoted to open space.
(b)
At least an additional 10% of the total site area shall be developed as active and passive recreation facilities.
(c)
Recreation areas may include but are not limited to swimming pools and related facilities, bicycle and walk paths, tennis courts or other appropriate facilities.
(d)
For purposes of this provision, "open space," "open space area," and "recreation area" shall be exclusive of required front, side and rear yards, driveways, parking areas, loading or storage areas and shall be maintained exclusively for residents of the site. All required open space areas and recreation areas shall be fully contiguous and accessible to the residential development to which it serves.
(e)
Such space shall not be located closer than 20 feet from a public street, interior road or driveway.
(10)
A buffer area shall be provided along exterior lot lines. The buffer shall be a minimum width of 20 feet, with a minimum ten-foot planting area.
(11)
All areas not devoted to structures, parking areas, and other required uses shall be landscaped in accordance with an approved landscape plan. Wherever possible, natural features shall be preserved.
(12)
Off-street parking spaces for units shall be provided in parking areas located within 100 feet of each dwelling unit. Parking areas, driveways and walkways shall be illuminated, screened and buffered with shade trees and evergreens.
(14)
All townhouse units shall be served by public water and sanitary sewer lines, the plans for which shall be approved by the Borough Engineer prior to the issuance of a building permit.
(15)
All utilities necessary to serve the townhouse units shall be installed and underground.
(16)
The maximum net density permitted shall not exceed eight dwelling units per acre of the proposed residential cluster.
(17)
For purposes of computation of the project gross density, riparian lands may be included in the project total land area. For purposes of computation of the project net density, the land area of the residential cluster shall not include riparian lands, tidal wetlands as mapped by NJDEP or floodplains, in addition to all other areas of exclusion from net density computation as noted in the definition of net density.
(18)
Prior to approval of any application for a multifamily development in this zone, the applicant, through licensed professional expertise, shall submit an environmental impact statement, prepared in conformance with § 230-81 of this chapter, and shall additionally provide by mapping an outbound survey of all areas found to be environmentally or ecologically sensitive. Further, soil tests, based upon laboratory analysis of both test pits and test borings, shall be provided.
(19)
A one-hundred-foot-wide buffer shall be provided for all areas determined to be environmental or ecological sensitive area. No building, pavement or other development other than supplemental landscaped plantings shall occur within this one-hundred-foot-wide buffer area.
(20)
No development shall be permitted within any land area deemed to be environmentally sensitive based upon the findings of fact by the reviewing board as a result of its analysis and review of the submitted environmental impact statement.
(21)
A specific affordable housing set-aside of 10% of all residential units created within this zone shall be made available to low- and moderate-income families in a methodology consistent with the rules of the New Jersey Council on Affordable Housing.
(22)
The development shall be analyzed by the reviewing board for protection of and sensitivity toward existing visual sight lines and perspectives of existing dwellings, as well as aesthetic and architectural compatibility to surrounding land uses.
(23)
Each dwelling unit in the townhouse development shall include, as required amenities, one marina slip and two off-street parking spaces, exclusive of any other slips or parking required by this section or proposed by the developer.
(24)
No building lot line or structures, other than entrance gates, decorative walls, fences, decks or unroofed patios, shall be located within 20 feet of the water nor closer than 50 feet to any exterior boundary line of the tract nor closer than 50 feet to any primary access road or main thoroughfare. Adequate landscaping shall be provided in the above-defined area in accordance with the buffer requirements of this chapter.
(25)
The project shall be designed to optimize the water view for the units and the public at large.
(26)
Interior roads shall have a paved width of 24 feet for two-way traffic if no parking is allowed on said street and 30 feet if parallel parking is allowed on one side of the street.
(27)
No habitable portion of any dwelling unit shall be lower than the outside finished grade. No depressed siting shall be permitted.
(28)
Minimum setback distances from all private streets to be constructed and installed as part of the project shall be as follows:
(a)
The setback of all buildings shall be 25 feet.
(b)
For purposes of this subsection, the term "private street" shall mean any internal drive or parking area designed and installed as part of the project whose purpose is to provide access between buildings and parking facilities of the project. Streets providing ingress and egress to and from the project shall be dedicated to public use.
G.
Regulations for marinas.
(1)
All requirements of the U.S. Army Corps of Engineers, NJDEP, the U.S. Coast Guard and all other agencies of jurisdiction shall be met, and such compliance shall be documented to the municipal reviewing agency as a mandatory condition of a municipal approval.
(2)
Marina docking or mooring slips of at least three different boat lengths and three different boat widths shall be provided.
(3)
Within the marina development, one marina slip and two parking spaces shall be provided as mandatory amenities for each dwelling unit constructed.
(4)
The marina development shall facilitate and encourage linear public access to riverfront areas within the overall marina project design, including both visual and physical public access.
(5)
If a boat launch ramp is to be provided or included in the marina design, one boat trailer parking space 12 feet in width by 50 feet in length shall be provided on site for each two dockage or moorage slips created.
(6)
Retail marina commercial usage shall occupy a maximum of 1,500 square foot gross floor area or a maximum 1% of the total residential gross floor area constructed, whichever is less.
(7)
The marina facility shall not permit any aboveground storage tanks for fuel, oil, waste oil, kerosene, or any other flammable or combustible material. A maximum of 10,000 gallons of cumulative underground storage capacity shall be permitted for all types of products stored for any reason. All federal and state regulations for the construction, storage, piping, venting, dispensing, etc., of fuel supplies shall be documented to the reviewing board by the applicant.
(8)
Boat slips for public rental, subject to the following conditions.
(a)
All slips for public rental shall be owned by the homeowners' association or another single entity.
(b)
If the entity which owns the rental slips is not the homeowners' association, said entity shall, as an express condition of site plan approval granted by the approving board, provide a declaration of restrictive and protective covenants in favor of the homeowners' association to provide that the property will be used exclusively for a marina and permitted related uses.
(c)
Said required covenants shall be recorded in the Middlesex County Clerk's Office.
(d)
Said required covenants shall run with the land and shall not be modified except by ordinance of the municipality.
(e)
The homeowners' association or other owning entity shall provide for proper maintenance and trash collection on the marina property consistent with all ordinances of the Borough of Highland Park affecting public, quasi-public and private property.
(f)
The covenants required under this section shall give the homeowners' association the right to enforce compliance with Subsection G(8)(e) above, and the right to obtain a lien upon the marina property for the cost incurred in enforcing the covenants and/or providing such corrective work as may be necessary to provide compliance.
(g)
The required covenants shall also provide the homeowners' association a right of first refusal for any sale or condominium conversion of the marina property.
(9)
Sublet slips shall be leased on a yearly basis only.
(10)
The slips and marina can be sublet for management purposes for a period of up to 20 years.
(11)
For each leased slip, there shall be provided 1.25 parking spaces exclusive of other parking requirements.
(12)
Slips directly fronting on or within 50 feet of a condominium unit may not be leased to a second party.
(13)
The publicly leased slips shall be sufficiently separated from the residential portion of the project so as to avoid public access to the private boat slips.
(14)
Boats docked in slips may not be used as dwelling units.
(15)
Storage of boats may be permitted in the leased slip parking area between the period of October 1 to May 15. Boats shall be removed by May 15 either by the owner of the boat or the management. The storage area must be fenced, screened and buffered from the residential area to the full satisfaction of the requirements for parking area screening and buffering as otherwise required in this chapter.
(16)
No painting or sanding shall be permitted within 200 feet of a residential unit. No major engine work or overhauling of engines shall be permitted in the boat storage area. No rack storage system will be allowed to facilitate the storage of boats.
H.
Parking.
[Amended 8-2-2022 by Ord. No. 22-2055]
(1)
Parking for residential uses shall be required in accordance with the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.).
§ 230-139 RMT-H Residential Multifamily Townhouse – Historic Preservation Zone.
[Amended by Ord. No. 1269]
A.
Purpose of RMT-H Zone. This residential district is established in order to achieve the general goals as stated in § 230-2 and for the following specific purposes:
(1)
Encourage the preservation and enhancement of historic architecture;
(2)
Promote a desirable visual environment through creative development techniques and goal design arrangements to ensure compatibility of all development in this zone with the historic nature of the area;
(3)
Support the protection of areas and/or buildings of special character and unique historic and aesthetic value which may reflect elements of the cultural, social, economic and architectural history of the community;
(4)
Preserve and enhance structures and locations which reflect the heritage of the community; maintain and develop harmonious settings for such structures and locations; and
(5)
Promote the appreciation of landmark sites and structures for the education, pleasure and enrichment of the citizens of the Borough.
B.
Permitted principal uses.
(1)
Townhouse dwelling units.
(2)
Two-family residential dwelling units.
[Amended 8-2-2022 by Ord. No. 22-2055]
(3)
Single-family residential dwelling units.
(4)
Adoptive reuse of existing historic structures to be preserved.
(5)
Mid-rise residential apartment structures (three stories to seven stories in height).
[Added 7-2-2013 by Ord. No. 13-1847]
(6)
Office uses, including medical and dental, in existing structures which are deemed to be of a historical nature and/or architecturally significant.
[Added 7-2-2013 by Ord. No. 13-1847]
(7)
Artist and/or photography studios and/or offices.
[Added 7-2-2013 by Ord. No. 13-1847]
C.
Permitted accessory uses.
(1)
Private garage space and parking area.
[Amended 10-20-2020 by Ord. No. 20-2014]
(2)
Private recreational facilities, such as but not limited to swimming pools, tennis courts and satellite dish antennas (receive only), provided these uses shall be noncommercial and that all lighting shall be directed away from adjacent lots.
(3)
Greenhouses, toolsheds and other similar structures.
(4)
Fences, walls and hedges.
D.
Conditional uses.
E.
Bulk regulations.
(1)
The requirements for this district of lot area and width, yard dimensions, building coverage and height shall be listed in the bulk schedule contained in § 230-149 of the chapter.
(a)
Townhouses: as regulated by the RMT-H Zone.
(b)
Two-family dwellings: as regulated by the RB Zone, except that density regulations of RMT-H shall apply.
[Amended 8-2-2022 by Ord. No. 22-2055]
(c)
Single-family dwellings: as regulated by the RA Zone, except that density regulations of RMT-H shall apply.
(d)
Mid-rise buildings: as regulated by the RMT-H Zone.
[Added 7-2-2013 by Ord. No. 13-1847]
(e)
Offices: as regulated by the RMT-H Zone.
[Added 7-2-2013 by Ord. No. 13-1847]
(f)
Maximum floor area ratio for permitted offices and studios: .028.
[Added 7-2-2013 by Ord. No. 13-1847]
(2)
Other RM-T bulk regulations:
[Amended 7-2-2013 by Ord. No. 13-1847]
(a)
Minimum building setback from an exterior tract boundary: 25 feet.
(b)
Minimum front yard setback: 100 feet.
(c)
Minimum rear yard setback: 25 feet.
(d)
Minimum distance between buildings: 30 feet between nonwindow walls and 55 feet between window walls.
(e)
Minimum building setback from an interior street line: 25 feet. This requirement does not apply to mid-rise apartment structures.
G.
Regulations for townhouses.
(2)
The minimum width of any townhouse shall be 20 feet.
(3)
No more than eight townhouse units shall constitute a townhouse row or attached row of units in one building.
(4)
The townhouses shall be constructed in a staggered fashion so that the front wall of every two townhouse units is a minimum of four feet from the front building line of the two townhouse units on either side.
(5)
Each townhouse unit shall have two means of entrance and exit separate and apart from that of any other unit.
(6)
Each townhouse unit shall have two exterior walls with window access to light and air.
(8)
The following open space requirements shall be met:
(a)
A minimum of 25% of the total site area shall be devoted to open space.
(b)
At least an additional 10% of the total site area shall be developed as active and passive recreation facilities.
(c)
Recreation areas may include but are not limited to swimming pools and related facilities, bicycle and walk paths, tennis courts or other appropriate facilities.
(d)
For purposes of this provision, "open space," "open space area," and "recreation area" shall be exclusive of required front, side and rear yards, driveways, parking areas, loading or storage areas and shall be maintained exclusively for residents of the site. All required open space and recreation areas shall be fully contiguous and accessible to the residential development to which it serves.
(e)
Such space shall not be located closer than 20 feet from a public street, interior road or driveway.
(9)
A planted buffer area shall be provided along exterior lot lines. The buffer shall be a minimum width of 10 feet. Planting material shall be at least six feet in height at the time of planting.
(10)
All areas not devoted to structures, parking areas, and other required uses shall be landscaped in accordance with an approved landscape plan. Wherever possible, natural features shall be preserved.
(11)
Off-street parking spaces for units shall be provided in parking areas located within 50 feet of each dwelling unit. Parking areas, driveways and walkways shall be illuminated, screened and buffered with shade trees and evergreens.
(12)
All streets, roads, driveways, and other public improvements shall be constructed and maintained in accordance with the chapter.
(13)
All townhouse units shall be served by public water and sanitary sewer lines, the plans for which shall be approved by the Borough Engineer prior to the issuance of a building permit.
(14)
All utilities necessary to serve the townhouse units shall be installed underground.
(15)
Prior to approval of any application for a multifamily development in this zone, the applicant, through licensed professional expertise, shall submit an environmental impact statement, prepared in conformance with § 230-81 of this chapter, and shall additionally provide by mapping an outbound survey of all areas found to be environmentally or ecologically sensitive. Further, soil tests, based upon laboratory analysis of both test pits and test borings, shall be provided.
(16)
[1]No development shall be permitted within any land area deemed to be environmentally sensitive, based upon the findings of fact by the reviewing board as a result of its analysis and review of the submitted environmental impact statement.
[1]
Editor’s Note: Former Subsection G(16), which pertained to a 100-foot-wide buffer in environmentally or ecologically sensitive areas, was repealed 7-2-2013 by Ord. No. 13-1847. This ordinance also redesignated former Subsection G(17) through (20) as Subsection G(16) through (19), respectively.
(17)
A specific affordable housing set-aside of 10% of all residential units created within this zone shall be made available for low- and moderate-income families in a methodology consistent with the rules of the New Jersey Council on Affordable Housing.
(18)
The maximum gross density of dwelling units in a townhouse development shall not exceed six units per acre for the total lot area.
(19)
The maximum net density permitted shall not exceed eight dwelling units per acre of the proposed residential cluster.
H.
Requirements for historic preservation sites: Reserved for future use.
I.
Parking.
[Amended 7-2-2013 by Ord. No. 13-1847; 8-2-2022 by Ord. No. 22-2055]
K.
Additional regulations for mid-rise residential apartment structures.
[Added 7-2-2013 by Ord. No. 13-1847]
(1)
Density. The gross density permitted is 12 dwelling units per acre.
(2)
Height. A building height of five stories or 60 feet is permitted.
(4)
Specific affordable housing units set aside of 15% of all residential units is required. These units shall be developed in accordance with the rules of the New Jersey Council on Affordable Housing. They may be on site or off site.
(5)
In accordance with New Jersey Council on Affordable Housing requirements, 100% of affordable housing units must be constructed and must obtain a full certificate of occupancy prior to 90% of the market rate units being constructed.
(6)
Any affordable units constructed off site must receive preliminary and final site plan approval and must be developed in accordance with the Land Development Ordinance.
(7)
The following open space requirements shall be met:
(a)
A minimum of 25% of the total site area shall be devoted to open space.
(b)
At least 3% of the total site area shall be developed as active and passive recreation facilities.
(c)
Recreation areas may include but are not limited to swimming pools and related facilities, bicycle paths, tennis courts or other appropriate facilities. At least one walking path must be provided and connect with a path or paths in the Rutgers Ecological Preserve grounds to the north of this RMT-H Zone. Such paths must be open to the use of the general public.
(d)
For purposes of this provision, "open space" shall be exclusive of required front, side and rear yards, driveways, parking areas, and loading or storage areas and shall be maintained exclusively for residents of the site with the exception of walking paths connecting to the Rutgers Ecological Preserve grounds.
(e)
Required open space shall be deed restricted against development that is not considered either active or passive open space.
(8)
A planted buffer area shall be provided along exterior lot lines. The buffer shall be a minimum width of 10 feet. Planting material shall be at least six feet in height at the time of planting. Where there are existing trees, only supplemental plantings where deemed necessary shall be required.
(9)
All areas not devoted to structures, parking areas, and other required uses shall be landscaped in accordance with an approved landscape plan. Whenever possible, natural features shall be preserved.
§ 230-139.1 PURD-1 Planned Unit Residential Development Zone.
[Added 10-2-2012 by Ord. No. 12-1840]
B.
Affordable housing. At least 5% of the total number of dwelling units shall be reserved for low- and moderate-income households as defined and regulated by the New Jersey Council on Affordable Housing or any duly authorized successor entity of the State of New Jersey.
C.
Open space. A planned unit residential development shall contain at least 10,000 square feet of open space, intended for use for passive or active recreation, appurtenant to the dwelling units.
D.
Permitted accessory uses.
E.
Prohibited uses. Any principal uses, including commercial uses, not specifically listed as permitted principal uses shall be prohibited.
F.
Bulk and other regulations.
(1)
Single-family detached dwelling units shall conform to the standards of the RA Zone, except that, for lots having a minimum width of 60 feet and a minimum area of 6,000 square feet, the following standards shall supersede the RA Zone standards:
(2)
Townhouses and stacked townhouses shall conform to the following standards:
(a)
Minimum setback to exterior tract boundary: 35 feet.
(c)
Minimum building setback to parking areas and roadways: 10 feet.
(e)
Maximum lot (building) coverage: 35% of the tract area, excluding acreage in single-family lots.
(f)
Maximum impervious coverage: 55% of the tract area, excluding acreage in single-family lots.
(g)
Maximum number of attached dwelling units in a townhouse row: 10. (The second unit in a stacked townhouse design is not to be counted in the maximum row limit.)
I.
Inapplicability of other standards.
(1)
Where single-family dwellings on separate lots are proposed as part of a planned unit residential development, no buffers to existing residences on properties abutting the PURD-1 Zone shall be required.
J.
Findings for development in the PURD-1 Zone. Prior to approval of any development in the PURD-1 Zone, the Planning Board shall make the following findings of fact and conclusions:
(2)
That the proposals for maintenance and conservation of the common open space are reliable, and that the amount, location and purpose of the common open space are adequate;
(3)
That provisions, through the physical design of the proposed development, for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;
(4)
That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;
(5)
In the case of a proposed development that contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
K.
Steep slope disturbance. In acknowledgment of the prior disturbance of the PURD-1 Zone, the steep slope provisions of § 230-122 shall not apply. However, clearance of mature trees within 15 feet of the common property line between the planned unit residential development and the existing residential lots fronting on Cleveland Avenue shall be prohibited unless clearance shall impede the grading, utilities or construction of the proposed homes or unless specifically authorized by the Planning Board. Otherwise, unlimited disturbance of steep slopes (10% or greater) shall be permitted, provided that the applicant can reasonably demonstrate to the reviewing body the following:
(1)
The proposed excavation, removal, depositing or disturbance of soil will be executed in a manner that will not cause significant erosion or other unstable conditions.
(2)
Provisions shall be made for the proper disposition of surface water runoff so that it will not create unstable conditions. Appropriate storm drainage facilities shall be constructed as deemed necessary, and adequate protective measures shall be provided for downstream properties both during and after construction.
(3)
Provisions shall be made for any structures or protective measures that may be required for the protection of the public safety, including, but not limited to, retaining walls, headwalls and fences.
(4)
Proper facilities have been or will be provided for a safe water supply and for the disposal of sanitary sewage.
(5)
Any proposed building or structure or attendant protective measures will not impede the flow of surface water through any stream corridor or cause an increase in flood heights or velocities.
(6)
Provisions shall be made for the proper disposal of surface water runoff so that the proposed alteration will not create any unstable conditions.
(7)
Roadways, drives and parking areas shall be designed so that any land disturbance will not cause significant erosion.
(8)
Degradation of water resources shall be avoided through the implementation of best management practices as defined by the New Jersey Department of Environmental Protection.
(9)
Areas disturbed during construction shall be reestablished with proper vegetation to reduce erosion and water quality impairment.
§ 230-139.2 Planned Unit Residential Development-2 (PURD-2) Zone.
[Added 12-16-2014 by Ord. No. 14-1877]
B.
Site yield and affordable housing. The PURD-2 Zone shall include: up to 104 market units and six affordable units if all of the housing is initially offered for sale; or up to 95 market units and five affordable units if some or all of the housing is initially offered for rent. In any case, there shall be a five-percent set-aside for affordable housing. The decision to offer market units and affordable units for sale or for rent is the developer's decision alone. The developer shall have the right to construct one model building prior to completing infrastructure improvements. If the developer secures approvals to develop the project as a for-sale project and decides to rent units, the developer will still develop the site in accordance with its prior approvals for the for-sale project. The sales or rentals of the affordable units must be in accordance with the applicable New Jersey Council on Affordable Housing regulations or, in the absence of such regulations, in accordance with such standards that render all the affordable units creditworthy against the Borough's affordable housing obligations. The affordable housing units shall be shall be:
C.
Open space. There shall be at least 10,000 square feet of open space on site intended for use and reasonably accessible and usable for as passive or active recreation. Bikeways may be provided at the sole discretion of the developer.
D.
Permitted accessory uses.
(1)
Private garages and parking areas.
(2)
Private passive or active recreational facilities, including a club house, provided that a clubhouse is exempt from the six-hundred-square-foot area and fifteen-foot height restriction imposed by § 230-91 of this chapter. A clubhouse shall not exceed 25 feet in height.
(3)
Fences, walls and hedges.
(4)
Stormwater structures and facilities.
(5)
Refuse and recycling areas.
(6)
Sales and construction temporary trailers.
(8)
Other accessory uses and structures normally considered incidental to townhouse, stacked townhouse and multifamily dwellings.
E.
Prohibited uses. Any principal uses, including commercial uses, not specifically listed as a permitted use shall be prohibited.
F.
Bulk and other regulations. The regulations setting forth the intensity and density of development within the PURD-2 Zone shall apply to the entirety of the original parcel and not individual lots created by subdivision.
(2)
Minimum building setback from parking areas: five feet.
(3)
Minimum building setback from interior site roadways: 10 feet.
(4)
Maximum building height: three stories (no more than 48 feet).
(5)
Maximum lot (building) coverage: 35%.
(6)
Maximum impervious coverage: 70%.
(7)
Minimum distance between buildings: 30 feet.
(8)
Front steps/porches/front landings are allowed in the setback.
(9)
Buffer plantings and six-foot-high fencing shall be provided adjacent to nonresidential zones and along the perimeter with the railroad. The board reserves the right to prohibit fencing facing any street.
(10)
In areas between buildings where window walls are less than 55 feet, privacy must be ensured as practicable.
G.
Parking. Parking shall be required in accordance with the Residential Site Improvement Standards and shall be permitted on access drives in accordance with the dimensional standards thereof.
J.
Steep slope disturbance. In acknowledgement of the prior disturbance of the PURD-2 Zone, the steep slope provisions of § 230-122 shall not apply, provided that the applicant can reasonably demonstrate to the reviewing body's engineer the following. It is the intent of this section that the reviewing body's engineer can make its findings administratively.
(1)
Proposed excavation, removal, depositing or disturbance of soil will be executed in a manner that will not cause significant erosion or other unstable conditions.
(2)
Provision shall be made for the proper disposition of surface water runoff so that it will not create unstable conditions. Appropriate storm drainage facilities shall be constructed as deemed necessary, and adequate protective measures shall be provided for downstream properties both during and after construction.
(3)
Provision shall be made for any structures or protective measures that may be required for the protection of the public safety, including but not limited to retaining walls, headwalls and fences.
(4)
Proper facilities have been or will be provided for a safe water supply and for the disposal of sanitary sewage.
(5)
Any proposed building or structure or attendant protective measures will not impede the flow of surface waters through any stream corridor or cause an increase in flood heights or velocities.
(6)
Provisions shall be made for the proper disposal of surface water runoff, so that the proposed alteration will not create any unstable conditions.
(7)
Roadways, drives and parking areas shall be designed such that any land disturbance will not cause significant erosion.
(8)
Degradation to water resources shall be avoided through the implementation of best management practices as defined by the NJDEP.
(9)
Areas disturbed during construction shall be reestablished with proper vegetation to reduce erosion and water quality impairment.
K.
Tree replacement. Development within the PURD-2 Zone shall comply with the Highland Park Tree Removal and Protection Ordinance (Chapter 388 of the Code).
L.
Retaining walls. Retaining walls in the PURD-2 Zone shall be exempt from the setback and height limitations imposed by § 230-100 of this chapter, provided that retaining walls shall not be located within the public right-of-way, a site triangle or within utility easements. A geo-grid support system, however, may extend up to 10 feet into the Janeway Avenue sewer easement, provided that said system does not interfere with use and maintenance of sewer lines within said easement.
M.
Environmental impacts. Development within the PURD-2 Zone is exempt from the requirement to prepare an environmental impact assessment and its required buffers, pursuant to § 230-81 of this chapter. Development within the PURD-2 Zone is exempt from municipal regulations that provide more stringent standards than those imposed by the New Jersey Department of Environment Protection's regulations.
N.
Essential and nonseverable condition. All approvals pursuant to this ordinance shall be subject to an essential and nonseverable condition that the developer shall fully comply with the settlement agreement, dated November 12, 2014.
O.
Conflicts with ordinance. If there are conflicts between the Highland Park Land Development Ordinance and the standards for the PURD-2 Zone, the standards for the PURD-2 Zone shall apply. If there are conflicts between the Highland Park Land Development Ordinance and the New Jersey Residential Site Improvement Standards (RSIS), the RSIS shall apply.
§ 230-140 CBD Central Business District Zone.
[Amended by Ord. No. 1228; Ord. No. 1269, Ord. No. 1292; Ord. No. 1441; Ord. No. 1509; Ord. No. 1569, Ord. No. 1588; Ord. No. 1609]
A.
Purpose of commercial districts. Commercial districts are established in order to achieve the general goals as stated in § 230-2 and for the following specific purposes:
(1)
Encourage the tendency of commercial activity to the mutual advantage of both customers and merchants and thereby promote public convenience and prosperity.
(2)
Promote the creation of a pedestrian-oriented commercial environment which encourages maximum pedestrian activity.
(3)
Control vehicular intrusion into the Central Business District to only designated street rights-of-way, and limit vehicular intrusion into pedestrian space by restricting vehicular curb cuts across sidewalk areas to the minimum extent possible.
(4)
Encourage a maximization of off-street parking facilities to service the commercial activity.
(5)
Promote aesthetically and visually harmonious development throughout the Central Business District.
B.
Permitted principal uses.
(1)
Retail businesses.
(2)
Personal service establishments.
(3)
Banks and financial institutions on second floor or above.
(4)
Food consumption establishments (except drive-in and/or fast-food restaurants).
[Amended 2-15-2011 by Ord. No. 11-1803]
(5)
Package stores and taverns.
(6)
Artist studios and artistic instruction space are permitted as principal uses on all floors except for the ground, street-level floor.
(7)
Outdoor cafes including temporary outdoor dining on the public sidewalk, provided said outdoor dining does not inhibit pedestrian traffic.
[Added 5-18-2010 by Ord. No. 10-1780]
(8)
Public assembly facilities and spaces, including but not limited to theaters and cinemas, where the use is integrated into a mixed-use building with retail frontage along an arterial road.
[Added 5-18-2010 by Ord. No. 10-1780]
(9)
Carry-out restaurants are permitted uses so long as they provide a trash container that is the same as the trash containers used in the CBD Zone's streetscape. All carry-out restaurants shall be responsible for cleaning in front of the restaurant, as well as cleaning up all trash attributable to its product(s) within a reasonable distance of the restaurant.
[Added 2-15-2011 by Ord. No. 11-1803]
(10)
Medical cannabis dispensaries.
[Added 8-17-2021 by Ord. No. 21-2027; amended 3-15-2022 by Ord. No. 22-2044]
C.
Permitted accessory uses.
(1)
Off-street parking spaces.
(2)
Off-street loading spaces.
(3)
Business, professional and governmental offices located above commercial uses, not occupying the ground floor.
(4)
Residential uses shall be permitted only on the second floor and above and may be located on the same floor with other permitted uses.
(5)
Fences, walls and hedges.
(6)
Satellite dish antenna (receive only).
(7)
Outdoor cafes.
(8)
Sidewalk displays.
(9)
Artist studios and artistic instruction space are permitted accessory uses to art galleries, art supplies stores and other arts-related retail uses, provided they do not occupy more than 33% of the total area of the ground floor, and provided that all windows facing Raritan Avenue or any side street are maintained with a retail display focus.
D.
Conditional uses.
(1)
Public utility facilities required to provide the direct service of the utility to the consumers, such as transformers and pumping stations, but excluding warehouses, service or storage and treatment yards.
F.
Prohibited uses.
(1)
Used and new automobile and truck dealerships and rental agencies therein.
(2)
Fast-food and drive-in restaurants.
(3)
Any industrial process, manufacture, assembly or treatment.
(4)
Automobile service stations, repair shops and car washes.
(5)
Lumber, fuel and building material storage works and lawn and garden shops.
(6)
Wholesale laundries, dyeing and cleaning works.
(7)
Arcades and amusement centers where more than 10% of the retail floor area of the business is occupied by any of the following, exclusively or combined: pool table, pinball, electronic games and/or other amusement machines or devices of any kind. This prohibition includes but is not limited to machines and/or devices requiring electric current to be operable. Nothing herein shall be construed to bar the installation of the aforesaid games and amusements in a retail business establishment otherwise unrelated to the operation of such device.
(8)
Any process or storage use that may be noxious or injurious by reason of the production or emission of dust, smoke, refuse matter, gas fumes, noise, vibration or similar substances or conditions is specifically prohibited.
(9)
Billboards or signs painted or mounted upon the exterior side or rear walls of any principal or accessory building or structure, except as permitted under Subsection I(4), and/or freestanding signs.
(10)
All residential, service, commercial or industrial uses not specifically permitted in this zone.
(11)
Drive-in or drive-through features for restaurants, banks or any other food, personal service or business establishment.
(12)
Adult bookstores and amusement facilities.
(13)
Any exterior storage of goods or materials.
G.
Off-street parking and loading.
(1)
Parking and loading requirements.
(a)
Public and private parking lots are permitted.
(b)
Off-street loading berths for all retail and commercial establishments having a gross floor area in excess of 10,000 square feet: one loading space for every 10,000 square feet or fraction thereof of gross floor area.
(c)
Parking requirements may be met in the CBD Zone through a shared parking arrangement between compatible uses. The off-site parking shall be located within two blocks of the subject property. Documentation shall be provided to support the feasibility of shared parking, including an analysis of the uses sharing the parking and the peak usage periods for each, hours of operation of uses proposed to share the parking, and lot capacity (number of spaces). A written contractual arrangement shall be secured for a minimum three-year period, with a renewable option between parties.
(d)
Central Business District parking requirements:
[Amended 8-2-2022 by Ord. No. 22-2055]
Use | Parking Requirement |
|---|---|
Residential uses | * |
Permitted businesses/personal services | 1/450 square feet gross floor area |
Restaurants | 1 per 3 seats |
Banks | 1/350 square feet gross floor area |
Medical offices | 1/250 square feet gross floor area |
Retail uses | 1/500 square feet gross floor area |
Artist studio | 1/1,000 square feet gross floor area |
Artistic instruction space | 1/450 square feet gross floor area |
* Parking for residential uses shall be required in accordance with the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.). |
(2)
Calculation of parking requirements:
(a)
The construction of new buildings in the CBD Zone shall meet the parking requirements set forth in the table provided in Subsection G(1)(d).
(b)
If there is a change in building occupancy (tenancy), but not use [as defined by use categories in Subsection G(1)(d)], and no physical expansion, additional parking above what is already provided (on site, off site, or through a shared parking agreement) is not required.
(c)
If an expansion is proposed on an existing building with no change of use, then the additional parking requirement generated by the expansion is calculated on the square footage of the expansion only.
(d)
If there is a change in building occupancy and use (but not physical expansion), then the parking requirement is computed based on the difference between the parking required for the existing (prior) use versus the parking required for the new (proposed) use, provided there shall be no reduction in the amount of any existing on-site or designated off-site parking.
(e)
If an expansion is proposed on an existing building in conjunction with a change of use, parking requirements are calculated as follows:
[1]
The difference in parking requirements between the two uses (existing/prior and proposed) is calculated for the existing structure using the standards in Subsection G(1)(d).
[2]
The parking is calculated for the area of the addition based on the proposed use.
[3]
The sum of Subsection G(2)(e)[1] and [2] is the parking requirement for the total structure, provided there shall be no reduction in the amount of any on-site or designated off-site parking that served the existing or prior use.
H.
Additional regulations.
(1)
Where a nonresidential use is contiguous to a residential use or zone, there shall be a landscaped buffer strip along the perimeter of the property where it is contiguous to such residential property or zone. Such buffer strip shall be at least 10 feet in depth, measured from the residential property line. The ten-foot width of the buffer strip shall be used as a planting strip, on which shall be placed a fence and plant material (trees, shrubs, plants) a minimum of six feet in height. At least 50% of all planted materials shall be of evergreen species.
(2)
The reviewing board, when analyzing Central Business District development applications, shall require the applicant to make a reasonable effort to provide harmonious architectural interrelationship of the front facade and signage of the application site consonant with the front facade and signage of the existing structures on either side of the application site. This shall be accomplished by architectural renderings, comparative photographs, etc.
(3)
All elevators included in any project within this zone shall provide adequate width and length within the elevator car and shall provide adequate elevator door width for use by any and all stretchers and such other victim transport utensils or other devices used by the Highland Park emergency services agencies.[1]
[1]
Editor's Note: Former Subsection I, Permitted signs, as amended, which immediately followed this subsection, was repealed 7-16-2024 by Ord. No. 24-0287]
§ 230-141 C Commercial Zone.
[Amended by Ord. No. 1269; Ord. No. 1292; Ord. No. 1141; Ord. No. 1509; Ord. No. 1569]
The following regulations shall apply in the C Commercial Zone:
A.
Purpose of commercial zone. Commercial districts are established in order to achieve the general goals as stated in § 230-2 and for the following specific purposes:
(1)
Encourage the tendency of commercial development to cluster to the mutual advantage of both customers and merchants and thus to promote public convenience, prosperity and welfare.
(2)
To protect commercial development against the establishment of uses which would create hazards, offensive noise, vibrations, smoke, dust, odors, heat, glare and other objectionable influences.
(3)
To protect commercial development against congestion as far as is possible and appropriate in each area by limiting the bulk of buildings in relation to the land around them and to one another.
B.
Permitted principal uses.
(1)
All uses permitted in § 230-140B for the CBD Zone, with the exception of carry-out restaurants.
[Added 2-15-2011 by Ord. No. 11-1803]
(2)
Restaurants.
(3)
Lawn and garden shops.
(4)
Professional offices.
(5)
Laboratories.
[Amended 11-9-2021 by Ord. No. 21-2036]
(6)
Computer or electronic services or rental.
(7)
Retail integrated developments of such uses as retail stores and shops, personal service establishments, professional and business offices, banks and restaurants housed in an enclosed building or buildings and utilizing such common facilities as customer parking areas, pedestrian walks, truck loading and unloading space, utilities and sanitary facilities and other necessary and appropriate uses, subject to and in conformance with the regulations specified herein.
(8)
Medical cannabis dispensaries.
[Added 8-17-2021 by Ord. No. 21-2027; amended 3-15-2022 by Ord. No. 22-2044]
C.
Permitted accessory uses.
(1)
Off-street parking spaces, parking garages and off-street loading areas.
(2)
Enclosed storage of goods incidental to the conduct of the retail business not exceeding 10% gross lot area and not exceeding maximum impervious coverage requirement of this zone.
(3)
Fences, walls and hedges.
(4)
Satellite dish antenna (receive only).
D.
Conditional uses.
(1)
Public utility facilities required to provide the direct service of the utility to the consumers, such as transformers and pumping stations, but excluding warehouses, service or storage and treatment yards.
(2)
Automobile service and repair garages, gas stations. Any existing automobile service and repair garage shall be hereby excepted and deemed to continue as a permitted use whereby changes to the business shall require zoning permit approval only, or any addition or expansion of the use shall require site plan approval only, without the necessity of a conditional use application.
[Amended 3-15-2022 by Ord. No. 22-2043]
(3)
Fraternal, charitable and philanthropic institutions.
(4)
New and used car/truck dealerships, sales and service.
(5)
Drive-in banks.
F.
Prohibited uses.
(1)
All residential, service, commercial or industrial uses not specifically permitted in this zone.
(2)
Any use that may be noxious or injurious by reason of the production or emission of dust, smoke, refuse matter, coal or gas fumes, noise, vibration or similar substances or conditions is specifically prohibited.
(3)
Billboards or signs painted upon the exterior side or rear walls of any principal or accessory building or structure.
(4)
Any process of manufacture, assembly or treatment.
(5)
Lumber, fuel and building material storage works.
(6)
Arcades and amusement centers where more than 10% of the retail floor area is occupied by any one of the following, exclusively or in combination: pool table, pinball, electronic and/or other amusement machines or devices of any kind. This prohibition includes but is not limited to machines and/or devices requiring electric current to be operable. Nothing herein shall be construed to bar the installation of the aforesaid games and amusements in a retail business establishment otherwise unrelated to the operation of said devices. However, in no case may said devices occupy more than 10% of the total retail floor area open to public access.
(7)
Car washes.
(8)
Class 1 cannabis cultivators, Class 2 cannabis manufacturers, Class 3 cannabis wholesalers, and Class 4 cannabis distributors, as said terms are defined in this Code.
[Added 8-17-2021 by Ord. No. 21-2027]
G.
Off-street parking and loading.
(1)
For permitted business, laboratory and service establishments: one parking space for each 300 square feet of gross floor area.
[Amended 11-9-2021 by Ord. No. 21-2036]
(2)
Off-street loading berths for all retail and commercial establishments having a gross floor area in excess of 10,000 square feet: one loading space for every 10,000 square feet or fraction thereof of gross floor area.
(3)
Public and private parking lots are permitted.
(4)
Banks: one space for each 100 square feet of gross floor area.
(5)
Restaurants: one off-street parking space per each three seats, plus one off-street parking space per employee on the maximum shift.
(6)
For medical professional offices, off-street parking must be provided at the rate of three off-street parking spaces for each professional staff member plus one space for each permanent employee or one parking space for each 100 square feet of gross floor area, whichever is greater.
H.
Additional regulations.
(1)
Where a nonresidential use is contiguous to a residential property, use or zone, there shall be a landscaped buffer strip along the perimeter of the property where it is contiguous to such residential property or zone. Such buffer strip shall be at least 10 feet in depth, measured from the residential property line. The ten-foot width of the buffer strip shall be used as a planting strip, on which shall be placed a fence and plant material (trees, shrubs, plants) a minimum of six feet in height. At least 50% of all planted materials shall be of evergreen species.
(2)
All elevators included in any project within this zone shall provide adequate width and length within the elevator car and shall provide adequate elevator door width for use by any and all stretchers and such other victim transport utensils or other devices used by the Highland Park emergency services agencies.[1]
[1]
Editor's Note: Former Subsection I, Permitted signs, which immediately followed this subsection, was repealed 7-16-2024 by Ord. No. 24-0287]
§ 230-142 PO Professional Office Zone.
[Amended by Ord. No. 1269; Ord. No. 1292, Ord. No. 1509; Ord. No. 1569; Ord. No. 1633]
The following regulations shall apply in the PO Professional Office Zone:
C.
Conditional uses.
(1)
Public utility facilities required to provide the direct service of the utility to the consumers, such as transformers and pumping stations, but excluding warehouses, service or storage and treatment yards.
E.
Off-street parking and loading.
[Amended 11-9-2021 by Ord. No. 21-2036; 8-2-2022 by Ord. No. 22-2055]
(1)
Parking for residential uses shall be required in accordance with the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.).
(2)
Parking for nonresidential uses shall be required in accordance with the following minimum standards:
(a)
For medical professional offices, off-street parking must be provided at the rate of three off-street parking spaces for each professional staff member plus one space for each permanent employee or one parking space for each 100 square feet of gross floor area, whichever is greater.
(b)
For permitted business, office, laboratory and service establishments: one parking space for each 300 square feet of gross floor area.
F.
Additional regulations.
(1)
All areas not devoted to structures, parking areas or other required uses shall be landscaped and maintained. Wherever possible, natural features shall be preserved. Landscaped areas shall be maintained at the expense of the owner.
(2)
A buffer area shall be provided at least 10 feet in width where adjoining a residential zone or residential use. The buffer area shall be suitably graded and planted or attractively surfaced and shall contain within such massed evergreen shrubbing of at least six feet in height and of such species as will produce within two growing seasons a screen of at least six feet in height.
(3)
All elevators included in any project within this zone shall provide adequate width and length within the elevator car and shall provide adequate elevator door width for use by any and all stretchers and such other victim transport utensils or other devices used by the Highland Park emergency services agencies.
G.
Prohibited uses.
(1)
Any use that may be noxious or injurious by reason of the production or emission of dust, smoke, refuse matter, fumes, noise, vibrations or similar nuisance substance or conditions is specifically prohibited.
(2)
Any use not contained within the permitted principal, accessory or conditional uses of this district is prohibited.
(3)
Billboards or signs painted upon the side or rear exterior walls of any principal or accessory building or structure.
(4)
All residential, service, retail commercial or industrial uses not specifically permitted in this zone.
§ 230-143 LI Light Industrial Zone.
[Amended by Ord. No. 1246; Ord. No. 1259; Ord. No. 1969; Ord. No. 1569; Ord. No. 1524]
The following regulations shall apply in the LI Light Industrial Zone.
A.
Purpose of the LI Light Industrial Zone. The Light Industrial Zone is created to achieve the following specific goals:
(1)
To provide sufficient space in appropriate locations for attractive, modern, landscaped industrial complexes which do not create any hazards or create noise, vibrations, smoke, dust, odors, heat, glare and other objectionable influences, such as heavy trucking, which would be offensive to adjoining lands that require an environment free from these influences.
(2)
To provide protection for nonindustrial zones or uses bordering the Light Industrial Zone or in close proximity thereto.
B.
Permitted principal uses.
(1)
Business, professional and governmental offices.
(2)
Light industrial manufacturing, processing and assembling of products.
(3)
Wholesale offices and showrooms with accessory storage of goods.
(4)
Warehousing of finished products and materials for distribution.
(5)
Electrical, heating, ventilating, air-conditioning, plumbing and refrigeration equipment sales and service businesses.
(6)
Computer and/or electronic assembly, services or rental.
(8)
Laboratories.
[Added 11-9-2021 by Ord. No. 21-2036]
C.
E.
Bulk regulations.
(1)
The requirements of this district of lot area and width, yard dimensions, building coverage, and height shall be listed in the bulk schedule contained in § 230-149 of this chapter for the LI Zone.
(2)
Height limit of 35 feet shall be enforced for all light industrial sites abutting residential zones or residential uses. Height may be increased one foot vertical for each additional one foot horizontal of setback increment.
F.
Prohibited uses.
(1)
Residences of any type.
(2)
Retail business of any type, except as otherwise specified.
(3)
Religious institutions and schools, charitable and philanthropic institutions.
(4)
Any process or storage use that may be noxious or injurious by reason of the production or emission of dust, smoke, refuse matter, gas fumes, noise, vibration or similar substances or conditions is specifically prohibited.
(5)
Refining, processing, distribution, transmission and storage of any gasoline or crude oil, or the manufacture of bottled fuel gas or any of the principal products or by-products of the petrochemical industry.
(6)
Billboards and painted exterior wall signs.
(7)
Storage tanks are specifically prohibited except when the material stored or storage of material is not the principal use of the site but only provides for an ancillary or utility function and not a process function to the principal use.
(8)
The manufacture of heavy chemicals, such as but not limited to mineral acids or other corrosives, ammonia, caustic soda and sulfuric acid.
(9)
The manufacture of cellulose products, resins, dye stuff, glue, vegetable, animal or mineral fats or oils, explosives, combustible gases, soap and other surfactants, fertilizer derived from animal originals, asphalt and tar products.
(10)
The manufacture or production of metals and alloys in ingot form, matches, paints, oils, varnishes, lacquer, rubber or rubber products.
(11)
The slaughtering, tanning and/or processing of animals or fowl.
(12)
The processing, sale, storage, auctioning or reclamation of junk of any kind, including automobile wrecking and/or storing; recyclable materials storage, processing or incineration.
(13)
The manufacturing or refining of asphalt; blast furnaces, boiler works and forge shops; the manufacture or processing of cork, fertilizer, linoleum or oil cloth and glue or gelatin; the tanning of hides and skins; slaughterhouses; the manufacture of paint, oil or varnish.
(14)
The manufacture or bulk storage of fireworks and explosives, illuminating gas or poisonous gases.
(15)
Any use involving the storage or manufacture of radioactive materials.
G.
Off-street parking and loading.
(1)
Off-street parking space with appropriate access thereto shall be provided on the same lot it is intended to serve, as follows:
(a)
Three spaces for every 1,000 square feet of gross floor area of the establishment or one space for each two employees at the time of peak operation, whichever is greater.
(b)
Not more than two two-way driveways as means of ingress and egress for parking areas shall be permitted for each 400 feet of frontage on a public street, nor shall any such driveway be located within 100 feet of the intersection of two public streets.
(c)
Off-street parking areas for visitors and/or employees shall be designed to provide for a convenient flow of circulation.
(d)
For medical professional offices, off-street parking must be provided at the rate of three off-street parking spaces for each professional staff member plus one space for each permanent employee or one parking space for each 100 square feet of gross floor area, whichever is greater.
(e)
For permitted business, office, laboratory and service establishments: one parking space for each 300 square feet of gross floor area.
[Amended 11-9-2021 by Ord. No. 21-2036]
(2)
Truck loading and unloading areas shall be provided to permit the transfer of goods and products in other than a public street, off-street parking area or required front yard area, at the rate of one space for each 15,000 square feet of gross floor area.
(3)
None of the above-mentioned off-street parking or off-street loading spaces may be applied to more than one requirement, nor may any site serve more than one function.
H.
Additional regulations.
(1)
All activities and process shall take place within an enclosed building; incidental storage out of doors shall be shielded from view from public streets and adjacent off-street parking areas by fencing, landscaping or other appropriate measures at least 10 feet in height and five feet in width.
(2)
A buffer area of 50 feet in width shall be established adjacent to any residential use or zone, except that, wherever a lot is across the street from a residential zone, a buffer area of 25 feet from the front lot line shall be established. A buffer area of 50 feet in width shall be established adjacent to all other zones. Said buffer areas shall provide a minimum of 15 feet in width of densely planted evergreen species to accomplish a minimum landscaped screen height of six feet, based upon a landscaping plan submitted for review and approval. Due to the proposed nature of use, a berm may be required by the approving authority to achieve adequate buffering.
(3)
All elevators included in any project within this zone shall provide adequate width and length within the elevator car and shall provide adequate elevator door width for use by any and all stretchers and such other victim transport utensils or other devices used by the Highland Park emergency services agencies.[1]
[1]
Editor's Note: Former Subsection I, Permitted signs, which immediately followed this subsection, was repealed 7-16-2024 by Ord. No. 24-0287]
§ 230-144 QP Quasi-Public Zone.
[Amended by Ord. No. 1269; Ord. No. 1372; Ord. No. 1569]
The following regulations shall apply in the QP Quasi-Public Zone.
A.
Purpose of the QP Quasi-Public Zone. The Quasi-Public Zone is established to achieve, among others, the following specific purposes:
D.
Conditional uses.
(1)
Nursing, convalescent, institutional facilities.
(2)
Day-care facilities.
(3)
Public utility facilities required to provide the direct service of the utility to the consumers, such as transformers and pumping stations, but excluding warehouses, service or storage and treatment yards and offices.
(4)
Residential uses as permitted in and subject to the same regulations as found in the RM-T Zone.
G.
Parking.
(1)
Off-street parking space with appropriate access thereto shall be provided on the same lot or tract it is intended to serve, in accordance with the following minimum standards:
(a)
Fraternal, charitable and philanthropic institutions: one off-street parking space per 100 square feet of gross floor area.
(b)
Private schools.
[1]
Preschool and elementary: 1.2 spaces/classroom, but not less than one per teacher and staff.
[2]
Intermediate: 1.5 spaces/classroom, but not less than one per teacher and staff.
[3]
Secondary: 2.5 spaces/classroom plus one space for each eight pupils in 11th and 12th grades.
[4]
Colleges and other educational institutions: one space per two students.
(c)
For nursing, convalescent and retirement institutions, off-street parking shall be provided at the rate of one space for each bed and one space for each two employees.[1]
[1]
Editor's Note: Former Subsection H, Permitted signs, which immediately followed this subsection, was repealed 7-16-2024 by Ord. No. 24-0287]
§ 230-145 CS Community Service.
[Amended by Ord. No. 1269; Ord. No. 1569]
The following regulations shall apply in the CS Community Service Zone.
A.
Purpose of the CS Community Service Zone. The Community Service Zone is established to achieve, among others, the following specific purposes:
D.
Conditional uses.
(1)
Conditional uses shall be permitted only in those areas determined not to be environmentally sensitive, based upon the findings of fact by the reviewing board as a result of its analysis and review of the submitted environmental impact statement.
(2)
Prior to approval of any application for a conditional use permitted in this zone, the applicant, through licensed professional expertise, shall submit an environmental impact statement, prepared in conformance with § 230-81 of this chapter, and shall additionally provide by mapping an outbound survey of all areas found to be environmentally or ecologically sensitive. Further, soil tests, based upon laboratory analysis of both test pits and test borings, shall be provided.
(3)
A one-hundred-foot-wide buffer shall be provided between all areas determined to be an environmental or ecological sensitive area. No building, pavement or other development other than supplemental landscaped plantings shall occur within this one-hundred-foot-wide buffer area.
F.
Prohibited uses.
§ 230-146 C/R Conservation/Recreation Zone.
[Amended by Ord. No. 1569]
The following regulations shall apply in the C/R Conservation/Recreation Zone.
A.
Purpose of C/R Conservation/Recreation Zone. The Conservation/Recreation Zone is established to achieve, among others, the following specific purposes:
F.
Prohibited uses.
(1)
All uses, structures or buildings not specifically permitted in this zone, including but not limited to residential, commercial, industrial, professional office, quasi-public and institutional.
(2)
No development or improvement of any kind shall be permitted within any land area deemed to be environmentally sensitive, based upon the findings of fact by the reviewing board as a result of its analysis and review of the submitted environmental impact statement.[1]
[1]
Editor's Note: Former Subsection G, Permitted signs, which immediately followed this subsection, was repealed 7-16-2024 by Ord. No. 24-0287]
§ 230-147 SC Senior Citizen Housing Zone.
[Amended by Ord. No. 1269; Ord. No. 1490; Ord. No. 1569]
The following regulations shall apply in the SC Senior Citizen Housing Zone.
E.
Prohibited uses.
(1)
All residential, commercial, institutional, professional offices, and industrial uses not specifically permitted in this zone.
F.
Additional regulations.
(1)
All elevators included in any project within this zone shall provide adequate width and length within the elevator car and shall provide adequate elevator door width for use by any and all stretchers and such other victim transport utensils or other devices used by the Highland Park emergency services agencies.
G.
Off-street parking and loading.
§ 230-148 Stream Corridor Protection Overlay Zone.
[Added by Ord. No. 1633; amended 11-9-2021 by Ord. No. 21-2036]
A.
Stream corridor protection areas. Stream corridor protection areas are required to be delineated as the most restrictive limit of the two distances established in accordance with the following schedule:
Stream Category | Minimum Distance from Banks of the Waterway (feet) | Minimum Distance from the Outer Limit of the One-Hundred-Year Flood Zone on Both Sides of the Waterway (feet) |
|---|---|---|
Delineated or undelineated water body | 50 | 50 |
B.
Applicability. The regulations of the Stream Corridor Protection Overlay Zone shall apply to all streams and stream corridors within the Borough of Highland Park, as follows:
(1)
All tracts that are the subject of an application for subdivision, site plan, conditional use, or use variance approval that fall in whole or in part within a stream corridor protection area shall be subject to the standards set forth in this section.
(2)
All new lots in major and minor subdivisions and site plans shall be designed to provide sufficient areas outside of stream corridors and stream corridor buffers to accommodate principal buildings and uses as well as any permitted accessory uses. The application shall not be approved unless the requirements set forth in Subsection F have been met, in addition to the submission requirements of Article VIII. All submitted plans, details and calculations shall be prepared, signed and sealed by a New Jersey licensed professional engineer.
C.
Permitted activities. With the exception of uses prohibited in Subsection D, uses which are permitted in the underlying zone are permitted within the Stream Corridor Protection Overlay Zone, provided that all requirements of the Stream Corridor Protection Overlay Zone are satisfied.
D.
Prohibited uses. The following uses are prohibited in the Stream Corridor Protection Overlay Zone even though they may be permitted in the underlying zoning.
(1)
New construction of buildings, retaining walls and any other impervious surface not in the public interest.
(2)
Storage or processing of materials that are flammable, poisonous, explosive or which could be injurious to human, animal or fish and other aquatic life for a purpose other than that of normal household use.
(3)
Sanitary landfills, dumps or other solid waste disposal facilities.
(4)
Removal, excavation, dredging or filling of riverine materials, except as allowed by the State of New Jersey.
(5)
Clear cutting of the existing natural vegetation.
(6)
Junkyards.
(7)
Underground or aboveground fuel storage tanks.
(8)
Open storage of road salt or other deicing chemicals and excavated materials.
(9)
Gasoline stations, car washes, auto repair or auto body shops.
(10)
Laboratories, processing or manufacturing facilities.
(11)
Dry-cleaning establishments and laundromats.
(12)
Alterations of watercourses (realigning, straightening, widening or grading of the streambed).
(13)
Regrading natural contours.
(14)
Filling or removal of fill.
(15)
Detention or retention basins and other stormwater management facilities, excluding outflow structures if designed to minimize impact on the stream corridor.
(16)
Use of fungicides, herbicides, pesticides and fertilizers.
(17)
Uses that are not specifically permitted in the underlying zone are prohibited.
E.
Conditional uses and activities. The following uses may be permitted upon a finding of fact that the proposal is not significantly contrary to the objectives of this chapter.
(1)
Public recreational uses not to include enclosed structures, but permitting piers, docks, and kiosks, usually found in outdoor recreational areas.
(2)
Fences of wood, wire or other materials which will not impede the flow of floodwaters and the passage of debris.
(3)
Wildlife sanctuary and/or woodland preserve, exclusive of structures.
F.
Submission requirements.
(1)
An applicant with a proposed activity within a Stream Corridor Protection Overlay Zone shall submit to the municipality a map at a scale of not less than one inch equals 100 feet of the project site delineating the following:
(a)
The top of the bank of the water body.
(b)
One-hundred-year flood zone of stream;
(c)
Wetland boundary lines;
(d)
The stream corridor and stream corridor protection area;
(e)
Any steep slope located within the site, as defined under the steep slopes ordinance; and
(f)
The location of all improvements and land disturbances proposed to be located within any of the above boundaries.
G.
Time for decision. The appropriate reviewing agency shall approve, approve with conditions, or deny an application for a stream corridor development approval within 45 days from the date of submission of a completed application. Where the request for stream corridor development is part of a site plan, subdivision or conditional use or use variance application, the time period regulating those applications shall apply.
H.
Fees. All applicants shall submit $150 in application fees and $300 in initial escrow fees.
I.
Waiver. An applicant may seek relief from these requirements by variance granted by the Planning Board or by the Zoning Board of Adjustment, as the case may be.
J.
Conservation easements. All approved applications for subdivision, site plan approval, conditional use or use variance within a Stream Corridor Protection Overlay Zone shall provide, to the greatest extent possible, a conservation easement of at least 50 feet from the top of the stream bank or one-hundred-year flood zone, whichever is greater, for the continued protection of the stream corridor. If conservation easements are not provided, a deed restriction shall be executed to ensure that the stream corridor protection area is retained in a natural state. All such easements and deed restrictions shall be in a form satisfactory to the Borough Attorney and must be shown on all plats and surveys of the property.
§ 230-149 Zoning Bulk Schedule. [1]
[Amended by Ord. No. 1347; Ord. No. 1490; Ord. No. 1509; Ord. No. 1514; Ord. No. 1569; Ord. No. 1588; Ord. No. 1609]
Key to Zoning Bulk Schedule Requirements | ||
|---|---|---|
RA | = | Single Family Zone |
RA-E | = | Single Family Residential — Ecological Preservation Zone |
RB | = | Two-Family Zone |
RM-G | = | Garden Apartment Multifamily Zone |
RM-T | = | Townhouse Zone |
RM-M | = | Mid-Rise Residential Zone |
RMT-W | = | Marina-Townhouse Zone |
RMT-H | = | Historic Preservation-Townhouse Zone |
SC | = | Senior Citizen Housing Zone |
CS | = | Community Service Zone |
C/R | = | Conservation/Recreation Zone |
CBD | = | Central Business District Zone |
C | = | Commercial Zone |
PO | = | Professional Office Zone |
LI | = | Light Industrial Zone |
QP | = | Quasi-Public Zone |
[1]
Editor's Note: The Zoning Bulk Schedule is included as an attachment to this chapter.
§ 230-149.1 Supplementary regulations.
[Added 8-2-2022 by Ord. No. 22-2055]
A.
Permitted projections.
(1)
Nonenclosed one-story porches, porticos, stoops and entrance platforms leading to the front entrance on the ground floor may project no more than eight feet into a front yard setback.
(2)
Nonenclosed one-story porches, porticos, stoops, entrance platforms and uncovered decks leading to the basement, cellar or the ground floor may project no more than four feet into a side or rear yard setback.
(3)
Nonenclosed one-story porte-cochere or carports may project no more than four feet into a side or rear yard setback.
(4)
Cornices, eaves, cantilevered roofs, gutters, downspouts, awnings, canopies, bay windows and uncovered balconies may project no more than three feet into any yard setback.
(5)
Belt courses, windowsills and other similar ornamental features may project no more than nine inches into any yard setback.
(6)
Window wells may project no more than five feet into any yard setback.
(7)
Fire escapes may project no more than five feet into a side or rear yard setback.
(8)
In no case shall a permitted projection attached:
(9)
Accessible ramps and steps leading to a porch, portico, stoop or other entrance on the ground floor may project into any yard setback without limitation, provided that such structures do not encroach upon the public right-of-way and adjoining properties.
(10)
Awnings, canopies and marquees associated with a nonresidential use on the ground floor may project into the public right-of-way without limitation, provided that such structures have a vertical clearance of no less than eight feet and are set back no less than four feet from the face of curb along the street.
B.
Height exemptions.
(1)
The height limitations of this chapter shall not apply to fire walls, parapet walls, cornices and other similar elements, provided that such shall not exceed the applicable height requirements by more than three feet.
(2)
The height limitations of this chapter shall not apply to building service equipment (e.g., condensers, cooling towers, exhaust fans, and other mechanical equipment), solar panels, bulkheads, elevator penthouses, stair enclosures, roof access stairwells, skylights or atrium structures, and architectural appurtenances (e.g., chimneys, cupolas, steeples, belfries, spires, and other similar elements), provided that such shall not exceed the applicable height requirements by more than 10 feet.
C.
Minimum separation distance from seasonal high water table elevation. The following provisions shall apply to all applications involving the construction, reconstruction, or addition to a single- or two-family dwelling. In the case of an application involving reconstruction or addition of less than 500 square feet of building footprint, the following provisions may be waived at the determination of the Zoning Official, Borough Engineer, or the board having jurisdiction.
(1)
No less than two test pits shall be completed for up to 5,000 square feet of building footprint, and no less than one additional test pit shall be completed for each additional 5,000 square feet of building footprint or part thereof.
(2)
Test pits shall be completed within 15 feet of the perimeter of the footprint of the proposed structure and/or within the area of any proposed recharge facility.
(3)
Test pits shall extend to a depth of no less than three feet below the proposed lowest finished floor elevation, basement floor, cellar floor, crawl space floor, slab-on-grade construction, and the bottom of any proposed recharge facility. The results of the test pits and permeability tests for recharge facilities shall indicate the nature of the subsoil conditions, the permeability test results, and the seasonal high water table elevation, and shall be provided in a report that is signed and sealed by a New Jersey licensed professional engineer.
(4)
The separation distance between the seasonal high water table elevation and the proposed lowest finished floor elevation, basement floor, cellar floor, crawl space floor, slab-on-grade construction, and the bottom of any recharge facility shall be no less than two feet.
D.
Maximum separation distance from grade. The following provisions shall apply to all applications involving the construction of a single- or two-family dwelling.
(1)
The separation distance between the finished floor elevation of the ground floor (excluding an attached garage) and the average finish grade, or preconstruction grade, whichever is lower in elevation, as measured along the front wall of the structure closest to the street, shall not exceed four feet.
§ 230-149.2 Dynamic bulk requirements for single- and two-family dwellings.
[Added 8-2-2022 by Ord. No. 22-2055]
A.
Prevailing front yard setback.
(1)
Front yard setbacks for lots involved in any site plan, subdivision development or individual application involving a new single- or two-family dwelling shall be within two feet of the average setback distance of existing buildings located immediately adjacent to the lot on the same side of the street in the same block. Setbacks shall be measured to the nearest part of the dwelling, excluding porches, porticos, and stoops.
(2)
In no case shall the front yard setback be less than the setback distance of such existing buildings located immediately adjacent to the lot or be less than 10 feet.
(3)
In the case where the adjacent lot is a vacant lot, such lot shall be disregarded and the existing building located immediately adjacent to the vacant lot shall be utilized, provided it is located on the same side of the street in the same block.
(4)
In the case where the adjacent lot is a vacant corner lot, such lot shall be disregarded and the existing building located immediately adjacent to the other adjacent lot shall be utilized, provided it is located on the same side of the street in the same block.
(5)
An individual application for an addition to a single- or two-family dwelling shall not be required to, but may, utilize the prevailing front yard as permitted above.
B.
Proportional side yard setbacks. Side yard setbacks shall be proportional to the width of the lot, as follows:
Lot Width (feet) | Setback (feet) | |
|---|---|---|
Single | Combined | |
Less than 40 | 5 | 15 |
40 to less than 50 | 6 | 16 |
50 to less than 60 | 7 | 17 |
60 to less than 80 | 8 | 18 |
80 to less than 100 | 10 | 20 |
100 and greater | 10 | 25 |
C.
Proportional lot coverage and impervious coverage. Lot coverage and impervious coverage shall be proportional to the area of the lot, as follows:
Lot Area (square feet) | Lot | Impervious |
|---|---|---|
Less than 4,000 | 30.0% | 45.0% |
4,000 to less than 6,000 | 30.0% | 42.5% |
6,000 to less than 8,000 | 30.0% | 40.0% |
8,000 to less than 10,000 | 27.5% | 37.5% |
10,000 and greater | 25.0% | 35.0% |
D.
Lot coverage and impervious coverage exemptions.
(1)
The following shall be exempt from the calculations for lot coverage and impervious coverage:
(a)
Mechanical equipment, not to exceed 100 square feet in the aggregate. Any additional square footage beyond the first 100 square feet in the aggregate shall be included in the calculations for lot coverage and impervious coverage.
(b)
Nonenclosed one-story porch, porticos, stoops and entrance platforms leading to the front entrance on the ground floor, not to exceed 160 square feet in the aggregate. Any additional square footage beyond the first 160 square feet in the aggregate shall be included in the calculations for lot coverage and impervious coverage.
(c)
Uncovered decks leading to the basement, cellar or ground floor, not to exceed 200 square feet in the aggregate. Any additional square footage beyond the first 200 square feet in the aggregate shall be included in the calculations for lot coverage and impervious coverage.
(d)
Detached garages located behind the rear wall of the dwelling, not to exceed 240 square feet in the aggregate. Any additional square footage beyond the first 240 square feet in the aggregate shall be included in the calculations for lot coverage and impervious coverage.
(e)
Pervious and/or paver patios at grade, not to exceed 200 square feet in the aggregate. Any additional square footage beyond the first 200 square feet in the aggregate shall be included in the calculation for impervious coverage.
(f)
In no case shall all of the above exemptions exceed a total of 500 square feet in the aggregate. Any additional square footage beyond the first 500 square feet in the aggregate shall be included in the calculations for lot coverage and/or impervious coverage.
(2)
Accessible ramps leading to the front entrance on the ground floor shall be exempt from the calculations for lot coverage and impervious coverage, without limitation.
§ 230-149.3 Nonconforming uses, structures or lots.
[Added 8-2-2022 by Ord. No. 22-2055]
The lawful use of land or structures existing when this chapter was adopted may be continued on the lot or in the structure although they may not conform to this chapter, and any such structure may be restored or repaired in the event of partial destruction thereof; provided, however, that none shall be enlarged, extended, relocated, converted to another use or altered, except in conformity with this chapter and as permitted below. Land on which a nonconforming use or structure is located and any nonconforming lot shall not be subdivided or resubdivided so as to be made more nonconforming in any manner.
A.
General provisions.
(1)
Abandonment. A nonconforming use shall be considered abandoned if it is terminated by the owner; if a nonconforming use involving a structure is discontinued; or if a nonconforming use of land without structure(s) ceases. The subsequent use of the abandoned building, structure and/or land shall be in conformity with this chapter.
(2)
Conversion to permitted use. Any nonconforming use, structure or lot may be changed to conform to this chapter but shall not be changed back to a nonconforming status.
(3)
Maintenance may be performed on a nonconforming use, structure or lot, provided the maintenance work does not change the use, expand the building or the functional use of the building, increase the area of a lot used for a nonconforming purpose or increase the nonconformity in any manner.
(4)
Restoration and repairs.
(a)
Any nonconforming use or structure which has been condemned or damaged by fire, explosion, flood, windstorm or act of God shall be examined by the Code Enforcement Officer. If in the Code Enforcement Officer's opinion the value of repairing the condition is greater than 50% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon approval of a use variance as provided by this chapter.
(b)
Where the value of repairing the condition is determined to be less than or equal to 50% of the value of replacing the entire structure, the nonconforming use or structure may be rebuilt and used for the same purpose as before, provided it does not exceed the area, bulk and height of the original structure.
(c)
The percent damaged or condemned shall be the current replacement costs of the portion damaged or condemned computed as a percentage of the current replacement cost of the entire structure, neither to include the cost of the foundation unless the foundation is damaged or condemned.
(5)
Sale. Any nonconforming use, structure or lot may be sold and continue to function in the same nonconforming manner.
B.
Nonconforming lots. A permitted single- or two-family dwelling on a lot that is nonconforming with respect to lot area, lot width or lot depth may be constructed, altered or enlarged and an accessory structure on a lot that is nonconforming with respect to lot area, lot width or lot depth may be constructed, altered or enlarged without an appeal for variance relief, provided that all other provisions of this chapter are complied with.
[Amended 12-5-2023 by Ord. No. 23-2079]
C.
Nonconforming yard setbacks. A permitted single- or two-family dwelling that is nonconforming with respect to yard setbacks may be altered or enlarged without an appeal for variance relief, provided that such alteration or enlargement does not affect or increase the nonconformity, except where permitted as follows:
(1)
The alteration or enlargement involves the extension of an existing exterior side wall with a nonconforming side yard setback that is no less than 50% of the individual side yard setback requirement. In no case shall an individual side yard setback be permitted to be less than three feet from a side or rear lot line.
(2)
The alteration or enlargement involves the extension of an existing exterior side wall with a nonconforming side yard setback that is no less than 75% of the combined side yard setback requirement.
(3)
The alteration or enlargement within the setback area shall be limited to 15 feet in length and one story in height at the ground floor or second floor. These provisions shall not apply to two-story additions or additions involving the third floor.
D.
Nonconforming coverage. A permitted single- or two-family dwelling on a lot that is nonconforming with respect to lot coverage or impervious coverage may be altered or enlarged without an appeal for variance relief, provided that such alteration or enlargement does not affect or increase the nonconformity.
E.
Nonconforming height. A permitted single- or two-family dwelling that is nonconforming with respect to height may be altered or enlarged without an appeal for variance relief, provided that such alteration or enlargement does not affect or increase the nonconformity.
§ 230-149.4 Residential design provisions for single- and two-family dwellings.
[Added 8-2-2022 by Ord. No. 22-2055]
A.
Residential design standards and illustrations shall be as provided in the Residential Form-Based Code.
BOROUGH OF HIGHLAND PARK RESIDENTIAL FORM-BASED CODE | |||||
A. Orientation |   | ||||
(1) | The footprint location and front entrance of the dwelling shall be oriented to face toward and relate to the primary street and public sidewalk. | ||||
(2) | On corner and through lots, the Zoning Official or the Board having jurisdiction shall have the ability to determine which streets shall constitute the primary and secondary streets for the purposes of this subsection. | ||||
B. Public sidewalks. | |||||
(1) | Public sidewalks shall be provided in the right-of-way along all streets.  | ||||
(2) | Where such public sidewalk along the street extends beyond the right-of-way onto private property, a public access easement shall be provided for the portion of the public sidewalk located on private property. | ||||
(3) | The location and width of sidewalks shall be consistent with the location and width of existing public sidewalks adjacent to or near the lot to be developed. | ||||
(4) | The width of the public sidewalk shall be no less than four feet.  | ||||
C. Private walkways. | |||||
(1) | Private walkways shall be located on a lot to facilitate pedestrian access between the public sidewalk and the front entrance of the dwelling,  with the following exceptions: | ||||
a. | Lots with a front yard setback of 50 feet or greater. | ||||
b. | Lots with a U-shaped driveway. | ||||
(2) | The width of the private walkway shall be no less than three feet.  | ||||
(3) | The distance between the private walkway and the driveway shall be no less than three feet,  with the exception of the portion of the private walkway providing access between the driveway and the front entrance of the dwelling. | ||||
D. Front wall length. |  | ||||
(1) | The length of any wall facing a street shall not exceed 40 feet. | ||||
(2) | Such wall may extend beyond 40 feet in length by stepping inward or outward by an offset distance of no less than four feet. | ||||
(3) | The length of any wall facing a street to achieve the required stepping shall be no less than eight feet. | ||||
E. Front wall fenestration. |   | ||||
(1) | The length of a blank wall not containing windows, doors, garage bay doors or other openings facing a street shall not exceed 15 feet, as measured on each floor. | ||||
(2) | The area of any wall facing a street shall consist of no less than 15% openings, with the exception of garage bay doors and basement windows. | ||||
(3) | For the purposes of this subsection, walls shall be measured vertically from average finished grade to top of wall and horizontally from edge of framing to edge of framing. Fascia boards and areas behind a roof shall be excluded in the calculation of the total area of walls. Permitted openings shall be measured by the area of their rough openings, exclusive of trim and other decorative features. | ||||
F. Side wall length. | |||||
(1) | The length of any wall facing a side lot line shall not exceed 40 feet. | ||||
(2) | Such wall may extend beyond 40 feet in length by stepping inward or outward by an offset distance of no less than two feet. | ||||
(3) | The length of any wall facing the side lot line to achieve the required stepping shall be no less than eight feet. | ||||
G. Side wall fenestration. |   | ||||
(1) | The length of blank wall not containing windows, doors, garage bay doors or other openings from the dwelling's front facade shall not exceed 10 feet, as measured on each floor. | ||||
(2) | The length of blank wall not containing windows, doors, garage bay doors or other openings shall not exceed 25 feet, as measured on each floor. | ||||
(3) | The area of any wall facing a side lot line shall consist of no less than 5% openings,  with the exception of garage bay doors and basement windows. | ||||
(4) | For the purposes of this subsection, walls shall be measured vertically from average finished grade to top of wall and horizontally from edge of framing to edge of framing. Fascia boards and areas behind a roof shall be excluded in the calculation of the total area of walls. Permitted openings shall be measured by the area of their rough openings, exclusive of trim and other decorative features. | ||||
H. Front-entry garage location. | |||||
(1) | A one- or two-bay attached front-entry garage facing a street shall be recessed behind the nearest portion of the dwelling's front facade by no less than 16 feet, exclusive of porches or stoops. |   | |||
(2) | The required recess may be reduced to no less than eight feet, exclusive of porches and stoops, provided that: | ||||
a. | No less than 50% of the existing single- or two-family detached dwellings located within 200 feet of the lot on the same side of the street shall have attached front-entry garages that are recessed behind the nearest portion of the dwelling's front facade by less than eight feet, exclusive of porches and stoops; or | ||||
b. | The portion of the dwelling containing the garage shall be no more than one story and 20 feet in height, as measured from the average finished grade to the top of the roof structure. | ||||
(3) | The required recess may be reduced to no less than four feet, exclusive of porches and stoops, provided that: | ||||
a. | No less than 50% of the existing single- or two-family detached dwellings located within 200 feet of the lot on the same side of the street shall have attached front-entry garages that are recessed behind the nearest portion of the dwelling's front facade by less than four feet, exclusive of porches and stoops; or | ||||
b. | The portion of the dwelling containing the garage shall be no more than one story and 15 feet in height, as measured from the average finished grade to the top of the roof structure. | ||||
(4) | In no case shall the garage bay door(s) be closer to the street than the front entrance of the dwelling. | ||||
(5) | Up to eight feet of a porch may count towards the sixteen-foot front-entry garage recess requirement, provided that such porch has the following dimensions: |  | |||
a. | The depth of the porch shall be no less than six feet. | ||||
b. | The width of the porch shall be no less than 12 feet. | ||||
c. | The distance between the porch and the recess shall be no more than three feet. | ||||
d. | The portion of the dwelling containing the garage shall be no more than one story and 15 feet in height, as measured from the average finished grade to the top of the roof structure. | ||||
I. Side or rear-entry garages. |   | ||||
(1) | A garage facing the side or rear of the lot shall be recessed behind the nearest portion of the dwelling's front facade by no less than eight feet, exclusive of porches or stoops. | ||||
(2) | The required recess may be reduced to no less than four feet, exclusive of porches and stoops, provided that: | ||||
a. | No less than 50% of the existing single- or two-family detached dwellings located within 200 feet of the lot on the same side of the street shall have attached side- or rear-entry garages that are recessed behind the nearest portion of the dwelling's front facade by less than four feet, exclusive of porches and stoops; or | ||||
b. | The portion of the dwelling containing the side- or rear-facing garage shall be no more than one story or 20 feet in height, as measured from the average finished grade to the top of the roof structure. | ||||
(3) | In no case shall the garage bay door(s) be closer to the street than the front entrance of the dwelling. | ||||
J. Additional provisions for garages on corner lots. |   | ||||
(1) | On corner lots, a garage shall be located on the side of the dwelling farthest away from the street intersection. | ||||
(2) | On corner lots 60 feet or less in width, the garage shall be accessed by a driveway from the secondary street. | ||||
(3) | On corner lots 60 feet or less in width, the garage shall be recessed behind the nearest portion of the dwelling's front facade by no less than eight feet, exclusive of porches and stoops. | ||||
(4) | On corner lots 50 feet or less in width, the garage shall be recessed behind the nearest portion of the dwelling's front facade by no less than four feet, exclusive of porches and stoops. | ||||
(5) | On corner and through lots, the Zoning Official or the Board having jurisdiction shall have the ability to determine which streets shall constitute the primary and secondary streets for the purposes of this subsection. | ||||
K. Additional provisions for garages on lots 50 feet or less in width. |   | ||||
(1) | An attached garage, porte-cochere or carport may extend into the side yard setback area and combined side yard setback area, provided that: | ||||
a. | The structure shall extend no more than five feet into the setback area. | ||||
b. | The structure shall be set back no less than five feet from the side lot line. | ||||
(2) | The portion of the structure that extends into the setback area shall be no more than 30 feet in length. | ||||
(3) | The portion of the structure that extends into the setback area shall be no more than one story and 15 feet in height, as measured from the average finished grade to the top of the roof structure. | ||||
(4) | Habitable space may be located above the structure, provided that the habitable space is located within the permissible building envelope and does not extend into the setback area. | ||||
(5) | Porte-cocheres and carports that extend into the setback area shall be screened from view from the side lot line with evergreen landscaping no less than six feet in height at the time of planting along the entire side of the structure within the side yard setback area. | ||||
L. Garage design. |    | ||||
(1) | The width of the portion of the dwelling containing the garage shall not exceed 40% of the overall width of the dwelling or 30 feet, whichever is less. | ||||
(2) | The height of the portion of the dwelling containing the garage shall not exceed the height of the remaining portion of the dwelling. | ||||
(3) | In the case where the portion of the dwelling containing the garage is no more than one story in height, the vertical distance between the top of the garage bay doors and the bottom of the roof eave shall not exceed three feet.  | ||||
(4) | In the case where the portion of the dwelling containing the garage is more than one story in height, a structural shading device (pent roof, trellis or similar device) shall be provided between the garage bay doors and the second floor windows. The vertical distance between the top of the garage bay doors and the bottom the shading device, between the top of the shading device and the bottom of the second floor windows, and between the top of the second floor windows and the bottom of the roof eave shall not exceed four feet. | ||||
(5) | For the purposes of this subsection, structural shading devices and roof eaves shall be measured to the framing elements, exclusive of trim, supports, brackets and other decorative features Garage bay doors and windows shall be measured to their rough openings, exclusive of trim and other decorative features. | ||||
M. Foundation plantings. |    | ||||
(1) | The base along the front of the dwelling and porch facing a street shall be planted with foundation plantings consisting of deciduous and/or evergreen shrubs. | ||||
(2) | In the case of a corner or through lot, the base along all sides of the dwelling facing both streets shall be planted with foundation plantings. | ||||
(3) | The base along the side(s) of the dwelling facing a side lot line shall be planted with foundation plantings consisting of deciduous and/or evergreen shrubs, with the following exceptions: | ||||
a. | The portion of the side yard having a side yard setback that is less than eight feet in width. | ||||
b. | The portion of the side yard where a permitted driveway, walkways, or patios abutting the side of the dwelling. | ||||
c. | The portion of the side yard behind a permitted fence or wall abutting the side of the dwelling. | ||||
(4) | Such plantings shall be no less than two feet tall at the time of planting, and spaced on average of four feet on center. | ||||
(5) | A variety of species is required to avoid a monoculture, as follows: | ||||
a. | In the case where 10 or more foundation plantings are provided, no more than 1/2 shall be of any single species. | ||||
b. | In the case where 15 or more foundation plantings are provided, no more than 1/3 shall be of any single species. | ||||
c. | In the case where 20 or more foundation plantings are provided, no more than 1/4 shall be of any single species. | ||||
d. | The selection of species shall comply with the Borough's "Do Not Plant" list. | ||||
N. Front yard shade & flowering trees. |   | ||||
(1) | The front yard of the dwelling shall be planted with the following number of shade and flowering trees for each 50 feet of lot width, or part thereof: | ||||
(2) | In the case of a corner or through lot, both front yards shall be planted with shade and flowering trees. Where front yards overlap at a street intersection, such portion of the front yard shall only be counted once for the purposes of calculating the required number of trees. | ||||
(3) | In the case where healthy shade and/or flowering trees in the front yard currently exist and are proposed to be preserved, such trees shall be counted toward satisfying the required number of trees. | ||||
(4) | Each shade tree shall be a minimum of 2 1/2 inches in DPM and each flowering tree shall be a minimum of 2 inches in DPM at time of planting. | ||||
(5) | A variety of species is required to avoid a monoculture, as follows: | ||||
a. | In the case where four or more shade trees are provided, no more than 1/2 shall be of any single species. | ||||
b. | In the case where four or more flowering trees are provided, no more than 1/2 shall be of any single species. | ||||
(6) | The selection of species shall comply with the Borough's "Do Not Plant" list, latest edition. | ||||
(7) | Each shade tree shall constitute 1.0 replacement tree and each flowering tree shall constitute 0.75 replacement trees, for the purposes of counting replacement trees as provided by Chapter 388. Tree Removal and Protection. | ||||
O. Street trees. |   | ||||
(1) | Street trees shall be provided at intervals of approximately 25 feet to 40 feet along each side of all streets in consultation with the Shade Tree Advisory Committee. | ||||
(2) | Where public sidewalks are present, street trees shall be located as follows: | ||||
a. | Street trees shall be planted in a planting strip that is at least five feet in width and set back at least three feet from face of curb or edge of paved street. | ||||
b. | Street trees may be located in a planting strip less than five feet in width only at direction of the Shade Tree Advisory Committee; otherwise, they shall be planted three to six feet from the edge of the sidewalk. | ||||
(3) | Where public sidewalks are not present, street trees shall be located as follows: | ||||
a. | Where sidewalks are not present, street trees shall be planted between four feet to 10 feet from the face of curb or edge of the paved street. | ||||
(4) | No street tree shall be planted in a planting strip within 25 feet of the intersecting curb lines at a street intersection. | ||||
(5) | No street tree shall be planted in a planting strip within 10 feet of a driveway opening. | ||||
(6) | Such trees shall be a minimum of 2 1/2 inches in DPM at the time of planting. | ||||
(7) | The selection of species shall comply with the Borough's "Do Not Plant" list, latest edition. In the case where street trees are to be located under or adjacent to overhead utility lines, species selection shall be from PSE&G's "Right Tree, Right Place" list, latest edition, in coordination with the Shade Tree Advisory Committee. | ||||
(8) | Each street tree shall constitute 1.0 replacement tree, for the purposes of counting replacement trees as provided by Chapter 388. Tree Removal and Protection. | ||||
P. Driveway location and design. | |||||
(1) | Every lot shall have no more than one driveway opening providing access to a street. |  | |||
(2) | On adjacent lots that have a common or shared driveway, neither lot shall be permitted to have another driveway opening providing access to a street. | ||||
(3) | The setback of the driveway from the intersecting lot lines at a street intersection shall be no less than 40 feet. | ||||
(4) | The setback of the driveway from a side lot line shall be no less than three feet. |  | |||
(5) | On adjacent lots that have a common or shared driveway and lots less than 50 feet in width, there shall be no setback requirement from the side lot line. | ||||
(6) | On lots with a driveway having a setback of less than three feet from the side lot line, the driveway shall be constructed as an inverted crown and/or with a curb edge to prevent stormwater runoff from entering the adjacent lot. |  | |||
(7) | The width of a driveway at the front lot line shall not exceed 12 feet. | ||||
(8) | A driveway may flare out wider within the front yard and the width of the driveway within the front yard shall not exceed 20 feet. | ||||
(9) | A driveway shall not exceed 35% impervious coverage of the front yard. | ||||
B.
Those design standards and illustrations contained in Subsections A through O pertaining to residential building design and landscape design as contained therein shall apply to all applications involving construction, reconstruction or addition to a single- and two-family detached dwelling. In the case of an application involving reconstruction or addition of less than 500 square feet of building footprint, the following standards may be waived at the determination of the Zoning Official or the Board having jurisdiction.
C.
Those design standards and illustrations contained in Subsection P pertaining to driveway location and design as contained therein shall apply to all applications involving construction, reconstruction or expansion to driveways.
§ 230-149.5 Accessory structures.
[Added 8-2-2022 by Ord. No. 22-2055]
A.
Location.
(1)
No accessory structure shall be located within any front yard area.
(2)
An accessory structure shall be permitted to be located in the front yard area along the secondary street, provided that such structure shall be no closer than 15 feet from the property line along the secondary street.
(3)
On corner lots and/or through lots, the Zoning Officer or the board having jurisdiction shall have the ability to determine which streets shall constitute the primary and secondary streets for purposes of this subsection.
B.
Setbacks. Accessory structures shall be set back a minimum distance from the side and rear lot lines, based on the size of such structure and the district in which it is located, as follows:
(1)
RA and RB Districts: three feet, provided that the structure does not exceed 100 square feet in area and does not exceed a height of 10 feet above grade.
(2)
RA, RA-E (Residential Cluster), RB, RM-T, RMT-W, RMT-H, SC, CBD, C and PO Districts: five feet.
(3)
RA-E, RM-G, RM-M, CS, and LI Districts: 10 feet.
(4)
C/R and QP Districts: 25 feet.
C.
Gross floor area. No accessory structure in conjunction with a single- or two-family dwelling shall exceed 600 square feet in gross floor area.
D.
Height. No accessory structure in any district shall exceed 15 feet in height.
E.
Exemptions. Flagpoles, light or sign posts, walks, driveways, patios at ground level, mailboxes and fences and walls less than two feet in thickness shall be exempt from the provisions of this section.
§ 230-149.6 Mechanical equipment.
[Added 8-2-2022 by Ord. No. 22-2055]
A.
Location.
(1)
No mechanical equipment shall be located within any front yard area.
(2)
Mechanical equipment shall be permitted to be located in the front yard area along the secondary street, provided that such equipment shall be no closer than 10 feet to the property line along the secondary street.
(3)
On corner lots and/or through lots, the Zoning Officer or the board having jurisdiction shall have the ability to determine which streets shall constitute the primary and secondary streets for purposes of this subsection.
C.
Screening. Mechanical equipment shall be properly screened from public view from any street by planting of evergreen shrubs, trees, berm, and/or a permitted fence or wall to provide an opaque visual barrier, provided that such shall be 100% visually impervious at all times of the year.
D.
Exemptions. Window air conditioner (A/C) condenser units and any mechanical equipment located fully below grade shall be exempt from the provisions of this section.
§ 230-150 Compliance required.
A.
All zoning requirements shall be met at the time of any erection, enlargement, moving or change in use. If a new structure is added to an existing complex of structures or if an existing structure has an addition, the site plan provisions of this chapter shall apply to the enlargement or new structure.
B.
All developments resulting from subdivision and site plan approvals shall comply with all the design and performance standards, including conditions imposed by the approving authority, as shown on the approved plat and/or included in the resolution adopted by the approving authority.
§ 230-151 Violations and penalties.
A.
In case any building or structure is erected, constructed, altered, repaired, converted or maintained, or any building, structure or land is used, in violation of this chapter or of any other chapter or regulation made under authority conferred hereby, the proper local authorities of the municipality or an interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.
B.
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision which municipal approval is required by ordinance pursuant to this chapter, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation as per N.J.S.A. 40:55D-55.
C.
In addition to the foregoing, the municipality may institute and maintain a civil action for injunctive relief and to set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-38. In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also a reasonable search fee, survey expense and title-closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years if unrecorded.
E.
Minimum penalty: For any violation of any provision of this chapter, a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not less than $100.
F.
Separate violations: Except as otherwise provided, each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.
§ 230-152 Enforcing officers.
A.
It shall be the duty of the Zoning Officer to administer and enforce the zoning provisions of this chapter. No building permit shall be issued unless the plans are accompanied by an approved zoning permit. No zoning permit shall be issued unless the proposed structure, use, temporary activity and construction activities are in compliance with this chapter. In cases involving the new use of an existing structure, no certificate of occupancy for the new tenant shall be issued until a zoning permit has been issued.
B.
It shall be the duty of the Municipal Engineer to enforce the provisions for subdivision and site approvals.
§ 230-153 Purpose.
A.
The purpose of these standards and guidelines is to ensure that all development within the C, PO and CBD Districts gives due consideration to the historic, physical, visual and spatial character and scale of the area in which it is located.
B.
These standards and guidelines are intended to preserve and enhance the CBD District's unique qualities, to reinforce its pedestrian circulation, and to guide and encourage rehabilitation and new construction that is compatible with traditional form and scale; to encourage new development and redevelopment in the PO District which is compatible in form and scale with the surrounding residential neighborhood; and to promote the selective upgrading of the C District by progressively reordering space and reintroducing a sense of streetscape.
C.
These standards and guidelines are intended to implement the directives contained in the document "Borough of Highland Park Design Guidelines: C, PO and CBD Districts," dated April 1991, or later issues, and incorporated herein by reference.
§ 230-154 Applicability.
A.
These standards and guidelines shall be applicable to any project requiring subdivision approval, site plan approval, or zoning permit within the C, PO and CBD Districts. The design standards and guidelines shall be applied concomitantly with the relevant use and bulk regulations defined for these districts. Unless otherwise noted, these design standards and guidelines shall apply uniformly to the three districts; in those cases where the design standard or guideline varies with the district, this has been appropriately indicated.
B.
The scope of the standards and guidelines covers all exterior aspects of the rehabilitation of existing structures, additions to existing structures, and construction of new buildings, as well as all site improvements, streetscape, signage, lighting and landscaping questions.
C.
These standards and guidelines shall be used by any applicant in preparing a development plan or applying for a zoning permit and by the reviewing board in reviewing the same. In the exercise of its powers of review, the reviewing board may recommend approval, conditional approval, request modifications, or recommend denial to an application based upon its review of the materials submitted by the applicant and any additional information which it may deem appropriate.
D.
This section contains both design standards, which are normative and set forth specific requirements, and design guidelines, which define a framework and are only indicative. However, both standards and guidelines shall be interpreted with flexibility. The reviewing board shall view them as a tool, since exceptional situations, requiring unique interpretations, can be expected. When applying them, the reviewing board shall carefully weigh the specific circumstances surrounding each application and strive for design solutions that best promote the spirit and intent of the standards and guidelines.
§ 230-155 Modifications and exceptions.
A.
The urban and architectural design guidelines and standards contained in this section shall be used as the Borough's presumptive minimum requirements for evaluating design. However, the guidelines and standards are not intended to restrict creativity, and an applicant may request a modification or exception from any guideline and standard.
B.
Modifications or exceptions to the design guidelines and standards contained in this section shall be approved by the Board, provided the applicant has met the criteria for exceptions pursuant to N.J.S.A. 40:55D-51 and can provide testimony that the resulting change will conform to all of the following:
(1)
Generally satisfy the purpose of this section;
(2)
Be designed in accordance with normally accepted Borough practices for engineering, surveying, planning, landscaping and architecture;
(3)
Generally enhance the development plan, or in any case not have an adverse impact on its physical, visual or spatial characteristics; and
(4)
Generally enhance the streetscape and neighborhood, or in any case not have an adverse impact on the streetscape and neighborhood.
§ 230-156 Urban design and architectural design elements.
A.
The physical, visual and spatial characteristics of the C, PO and CBD Districts shall be established and reinforced through the consistent use of compatible urban design and architectural design elements. Such elements shall relate the design characteristics of an individual structure or development to other existing and planned structures or developments in a harmonious manner, resulting in a coherent overall development pattern and streetscape.
B.
Development plans shall address all the relevant urban design and architectural design elements listed below under "Urban design standards and guidelines" and "Architectural design standards and guidelines."
§ 230-157 Urban design standards and guidelines.
A.
Context and continuity.
(1)
Individual development plans shall always be considered in relation to the surrounding physical context, taking into consideration the existing design features of the streetscape or neighborhood in the vicinity of the development plan.
(2)
Individual development plans shall inspire a sense of continuity with the dominant design features of their physical context. Continuity can be achieved through scale, through careful manipulation of the elements of facade composition (such as fenestration, cornice or soffit line, floor to floor elevation, or others), through the use of related materials, by maintaining a roof pitch, by continuing a line of street trees, decorative lampposts, or a textured sidewalk, or by other means.
(3)
In those cases where the streetscape or buildings abutting a development application have been adulterated, the applicant shall be required to argue convincingly in favor of a breach of context and continuity and be prepared to present appropriate supporting documentation.
B.
Gateways. Buildings located at gateways to the CBD District shall mark the transition into and out of the district in a distinct fashion, using massing, height extensions, contrasting materials and/or architectural embellishments to obtain this effect.
C.
Linkages. Individual development plans shall be designed to facilitate pedestrian circulation, both external and internal, providing covered or uncovered passageways where convenient and appropriate, in particular between parking facilities and public sidewalks. Safe and attractive mid-block linkages are encouraged, as are barrier-free connections.
D.
Focal points. Focal points, or points of visual termination, shall generally be occupied by structures made more prominent through the use of enhanced height, massing, distinctive architectural treatments, or other distinguishing features. Applicants may also submit plans in which building voids or natural features, such as a plaza or a park, act as points of visual termination.
E.
Definition of street.
(1)
In the PO and CBD Districts, buildings shall define streets and help structure space, forming a continuous wall with uniform setbacks and coherent openings at designated locations. Unstructured spaces, with random building setbacks and open spaces, are not permitted.
(2)
In the C District, new structures shall define a continuous street edge. The streetscape shall also be reinforced by lines of closely planted street trees and by walls, hedges or fences which screen parking lots and service areas.
F.
Definition of plazas, courtyards and open spaces. Plazas, courtyards and open spaces have recognizable edges defined on at least three sides by buildings, walls, elements of landscaping, and elements of street furniture, in order to create a strong sense of enclosure.
G.
Exterior spaces. The layout, materials and details used in the treatment of exterior spaces shall be selected to enhance their immediate surroundings. Public and semipublic exterior spaces shall be functional and provide amenities for their users in the form of textured paving, landscaping, lighting, street trees, benches, trash receptacles and other items of street furniture, as appropriate.
H.
Scale.
(1)
Structures shall be considered in terms of their relationship to the height and massing of abutting structures, as well as in relation to the human scale. Structures shall maintain an appropriate scale in relation to neighboring structures and contain external architectural details which maintain a human scale.
(2)
In the PO and CBD Districts, buildings and other structures shall present ground-level facades which motivate pedestrian interest, by using architectural details, openings, changes in materials, texture or color, or other elements of composition.
I.
Building location and orientation.
(1)
Buildings shall be located to front toward and relate to public streets, both functionally and visually. Buildings shall not be oriented to front toward a parking lot.
(2)
Spatial relationships between buildings and other structures shall be geometrically logical and/or architecturally formal.
(3)
Buildings shall be located to allow for adequate fire and emergency access.
(4)
In a multiple-building development, buildings located on the interior of a site shall front toward and relate to one another, both functionally and visually. To the extent possible, multiple-building developments shall be organized around features, such as courtyards, quadrangles and alleys, which encourage pedestrian activity and incidental social interaction among users. Smaller, individualized groupings of buildings are encouraged.
J.
Building spacing. In a sequence of structures along a street, the spacing between them (side wall to side wall) is an important element in defining the observer's perception of rhythm. In the PO and CBD Districts, new structures shall reflect the existing rhythm or better define it in the absence of a clear rhythm. In new development, a sequence of structures shall seek to establish a spacing rhythm which is related to the scale of the individual buildings, their height, to the directional elements in the composition of the facade, and to the width of the street.
K.
Building height for infill construction. Infill development of new buildings in the PO and CBD Districts shall register the height of the existing, adjacent buildings. If taller than adjacent structures, buildings shall be treated differently above this point, either through setbacks and recesses, change of color and building materials, shifts in directional emphasis or through horizontal courses. Buildings which are either significantly lower or significantly taller than the adjacent structures and which do not reflect the existing height in terms of facade modulations, recessing or other such devices shall not be permitted.
L.
Building height for additions. Extensions of existing buildings, particularly those with architectural character, shall require careful attention. Additions which overpower or conflict with the original architecture shall not be permitted. Additions, albeit contemporary, which maintain a sense of continuity through setbacks, compatible colors and materials, and similar geometric relationships are encouraged.
M.
Location of parking.
(1)
Parking shall be provided along curbs, in structures, or in surface lots, preferably interconnected.
(2)
In the PO, CBD and, to the extent possible, in the C District, surface parking lots shall be located to the rear of buildings and/or in the interior of a site, where the visual impact to adjacent properties and to the public right-of- way can be minimized. Access shall, to the extent possible, be obtained from side streets and curb cuts minimized.
(3)
In the PO and CBD Districts, parking lots shall be prohibited in any front yard area.
N.
Parking lot landscaping, buffering and screening.
(1)
In the PO and CBD Districts, site plans shall balance the functional requirements of parking with the provision of pedestrian amenities. Transition areas between parking and commercial or residential uses shall be designed with textured paving, landscaping and street furniture.
(2)
Parking lot layout, landscaping, buffering and screening shall prevent direct views of parked vehicles from the public viewshed, avoid spill-over light, glare, noise or exhaust fumes onto adjacent properties, in particular residential properties, and provide the parking area with a reasonable measure of shade when trees reach maturity. In order to achieve these objectives, parking lots exposed to view shall be surrounded, at a minimum, by a four-foot-high year-round visually impervious screen or, if adjacent to a residential use, at a minimum by a six-foot-high visually impervious screen. The height of any required screen shall decrease where driveways approach sidewalks or walkways, in order to provide adequate visibility of pedestrians from motor vehicles, and shall not interfere with sight triangle requirements.
(3)
The interior of all parking lots shall be landscaped to provide shade and visual relief. This is best achieved by protected planting islands or peninsulas within the perimeter of the parking lot. Parking lots with 10 spaces or less may not require interior landscaping if the reviewing agency determines there is adequate perimeter landscaping. If this perimeter landscaping is found to be inadequate, and in parking lots with 11 or more spaces, a minimum of one deciduous shade tree shall be planted for every five parking spaces. Choice of plant materials, buffer width, type of screening, location and frequency of tree planting shall be flexible, provided these objectives are substantially satisfied.
(4)
Parking lot layout shall take into consideration pedestrian circulation. Pedestrian crosswalks shall be provided, where necessary and appropriate, shall be distinguished by textured paving and shall be integrated into the wider network of pedestrian walkways. Parking lot lines shall be painted white; fire lanes and handicap stalls shall be painted yellow. Pavement textures shall be required on pedestrian accessways and strongly encouraged elsewhere in the parking lot as surfacing materials or when used as accents.
O.
Parking structures.
(1)
The exterior of parking structures shall follow the general design rules for composition and respect for context. Brick or other masonry materials are recommended for the exterior walls. Long, blank expanses of walls shall not be permitted, nor shall walls with a predominance of openings. Parking structure facades shall present at least 50% solid wall area. The use of architectural details and of landscaping are encouraged. If part of a larger building, parking structures shall be fully integrated in terms of materials, colors, style and openings.
(2)
In order to enhance the continuity of the streetscape and minimize blank walls, parking structures are strongly encouraged to incorporate ground floor retail and/or other walk-in uses along any frontage facing onto a public right-of-way, including pedestrian accessways. If a parking structure is set back from the property line, intensive landscaping with trees, shrubs and/or climbing plants shall be provided. Planters are encouraged, both along ground floor and upper levels, in order to soften the edges and openings.
(3)
Vehicular access to parking structures, if possible, shall be achieved from side streets, although direct pedestrian connections to the primary street shall be provided where possible; vehicular entrances and exits shall not be overly emphasized and architecturally integrated into the building.
P.
Loading and service areas.
(1)
Loading docks, solid waste facilities, recycling facilities and other service areas shall be placed to the rear or side of buildings in less visually obtrusive locations.
(2)
Screening and landscaping shall prevent direct views of the loading areas and their driveways from adjacent properties or from the public right-of-way. Screening and landscaping shall also prevent spill-over glare, noise or exhaust fumes. Screening and buffering shall be achieved through walls, fences and landscaping, shall be a minimum of six feet high, and shall be visually impervious. Recesses in the building or depressed access ramps can also be used.
Q.
Ground textures.
(1)
The acoustic, thermal, visual and tactile properties of the paving materials proposed in a site plan shall be appropriate to the proposed functions of pedestrian or vehicular circulation.
(2)
Modular masonry materials, such as brick, slate, cobblestone and concrete pavers, or gridded cast-in-place materials, such as exposed aggregate concrete slabs, shall be used, whenever possible, on sidewalks, pedestrian walkways and pathways, and public or semipublic plazas, courtyards or open spaces. Asphalt and nonaggregate exposed concrete slabs shall be avoided.
(3)
In the PO and CBD Districts, site plans shall reflect changes of use at the ground level through changes in ground textures.
R.
Pedestrian circulation, sidewalks and walkways.
(1)
Walkway design shall promote pedestrian activity within each site and throughout the district; walkways shall be separate and distinct from motor vehicle circulation to the greatest extent possible, provide a pleasant route for users, promote enjoyment of the site, and encourage incidental social interaction among pedestrians.
(2)
Walkways shall be constructed of brick, slate, colored/textured concrete pavers or slabs, or some combination thereof that is compatible with the style, materials, colors and details of the surrounding buildings as well as with the public sidewalks. The functional, visual and tactile properties of the paving materials shall be appropriate to the proposed functions of pedestrian circulation. Walkways shall be raised and curbed along buildings and within parking lots, where suitable.
(3)
Barrier-free walkway systems shall be provided to allow pedestrian access to buildings or uses from parking lots and public sidewalks.
(4)
Along Raritan Avenue, in the CBD District, the adopted sidewalk is brick on concrete slab. The paving brick shall consist of solid (uncored) hard-burned, frost-free, wire cut paver units complying with ASTM C902. Bricks shall be modular pavers (3 3/4 inches by 7 1/2 inches by 2 1/4 inches), flash range, as manufactured by Glen Gerry, Jersey Shale Plant, Hillsboro, N.J., or approved equal. The general pattern is shown in the "Borough of Highland Park Design Guidelines: C, PO and CBD Districts," dated April 1991, or latest issue. Construction details are found in the "Design Standards and Details," dated 1985, or latest issue.
S.
Walls and fences.
(1)
Walls and fences shall be designed to create visual interest, to define space, to differentiate public, semipublic and private space, to provide a sense of enclosure, and to guide pedestrian circulation, as well as for their ornamental functions.
(2)
Walls and fences shall be made of durable materials and shall be compatible in style, materials and color with the surrounding buildings. Brick walls with a stone or cast stone cap are encouraged. Wood walls and fences, decorative metal or cast iron fences, masonry or stucco walls and stone piers are permitted. Board-on-board-type wooden fences, with reinforced corners and entrance poles, are permitted in rear and side yards only. Chain link, split rail, highway-style guardrail, stockade or contemporary security fencing such as barbed wire or razor wire are prohibited.
(3)
Walls or fences over 50 feet in length shall require piers set no further than 40 feet on center. Corners and entrances shall be defined with articulated piers or posts.
T.
Landscaping.
(1)
Extensive landscaping shall be required in accordance with a plan conceived for each site as a whole. All areas of a site not occupied by buildings, parking lots, other improvements or textured paving shall be intensively planted with trees, shrubs, hedges, ground covers and/or grasses. Perennials and annuals are encouraged. Landscaping shall be integrated with other functional and ornamental site design elements, where appropriate, such as recreational facilities, ground paving materials, paths and walkways, fountains and other water features, trellises, pergolas, and gazebos, fences and walls, street furniture, art and sculpture.
(2)
Plant suitability, regular maintenance programs, appropriate plant selection, and compatibility with site and construction features are critical factors which shall be required. Plantings shall be designed with repetition, structured patterns, complementary textures and colors, and shall reinforce the overall character of the area.
(3)
Landscape plans shall be prepared by a certified landscape architect or certified professional in the field.
U.
Shade trees.
(1)
Shade trees shall be provided along each side of all streets, public or private, existing or proposed. Shade trees shall also be massed at critical points, such as at focal points along a curve in the roadway. On streets where healthy and mature shade trees currently exist, the requirements for new trees may be waived or modified.
(2)
Shade trees shall have a minimum caliper of three to 3 1/2 inches at time of planting and a maximum spacing of 30 feet on center, with exact spacing to be evaluated on a site-specific basis. Trees shall be planted, wrapped and staked according to N.J.A.N. standards. In the CBD District, trees shall be protected with a four-foot square metal grate. The adopted metal grate is the Neenah Model No. R-9002 Square, or approved equal. A tree planting detail is found in the aforementioned "Design Standards and Details."
(3)
The adopted shade tree species are: Acer rubrum "October Glory," Acer rubrum "Red Sunset," Acer saccharum "Green Mountain," Fraxinus americana "Autumn Purple," Tilia cordata "Greenspire," Zelkova serrata "Village Green" and "Green Vase," Gleditsia triacanthos inermis "Shademaster" and the Pyrus calleryana "Whitehouse" and "Redspire." As mature specimens, these trees will form a canopy over streets or walkways, reinforcing the pedestrian space and sense of enclosure. The particular species shall be chosen based upon specific locational requirements.
V.
Street and site lighting.
(1)
Streets and sites shall provide adequate lighting, while minimizing adverse impacts, such as glare and overhead sky glow, on adjacent properties and the public right-of-way. House side shields shall be provided where abutting a residential use.
(2)
In the CBD and PO Districts, the exterior of a site, as well as parking areas, driveways and interior walkways, shall provide pedestrian-scale decorative lampposts, spaced at regular intervals. Posts shall be spaced at no more than 80 feet on center — exact heights, spacing, wattage, etc., will be determined, based on the photometric performance of alternative combinations and in order to provide an average illumination of 1.0 footcandle.
(3)
In the CBD and PO Districts, the adopted lighting standard is the Washington steel/cast iron post or approved equal and the Washington globe, approximately 13 feet in height to the top of the fixture. Both are available from Spring City Electrical Manufacturing Company. At intersections in the CBD District, the adopted light pole is the Washington post with a twin cross arm. Frosted glass is preferred in all light fixtures.
(4)
In the C District, lighting standards shall be used along all sidewalks, walkways, courtyards and plazas and on any building or unit. The style, size, color and type of light source shall be compatible with the surrounding architecture.
(5)
In parking lots, light standards shall not exceed 16 feet.
(6)
Use of metal halide is encouraged. Low-pressure sodium and mercury vapor lighting are prohibited.
W.
Street furniture.
(1)
Elements of street furniture, such as benches, waste containers, planters, phone booths, bus shelters, bicycle racks and bollards should be carefully selected to ensure compatibility with the character of the area and with each other. Consistency in the location of the various elements of street furniture is critical, for maximum effect and functional usage.
(2)
The adopted trash basket is the Victor Stanley S-42, or approved equal, matte black with dome lid; it is recommended that the plastic bags used to line the interior of the container be black. The adopted bench is the Timberform Restoration Series Model No. 2118, available in six- and eight-foot lengths, or approved equal. The adopted bicycle rack is the Timberform CycLoop, or approved equal, in black. The adopted bollard is the Washington, standard or lighted, or approved equal. The adopted planters are the Dura ArtStone Design A, rectangular, 17 inches in height, and Design B, round, 17 inches by 24 inches and 22 inches by 36 inches, in cast stone, with a light sandblast finish, or approved equal. The approved colors are S-1 slate gray, S-2 charcoal and S-6 beach brown. Anti-graffiti sealer shall be applied. Planter sizes and colors shall be varied, to provide visual interest. Planters made of railroad ties, half-barrels or similar are expressly prohibited.
(3)
Other elements of street furniture should either echo the early 20th Century theme found in the most representative architecture or adopt a contemporary design that complements but does not clash.
(4)
Utilitarian elements, such as utility boxes, should be discrete, blended into the background and screened where possible.
X.
Outdoor cafes.
(1)
In the PO and CBD Districts, outdoor cafes shall be permitted on sidewalks, plazas and courtyards, provided pedestrian circulation or access to store entrances are not impaired.
(2)
Sidewalk cafes shall maintain free a minimum of five feet of sidewalk to allow for pedestrian circulation.
(3)
Planters, posts with ropes or other removable enclosures are encouraged and shall be used as a way of defining the area occupied by the cafe.
(4)
Extended awnings, colorful canopies or large umbrellas are also recommended as a way of creating a festive environment for the area.
(5)
Outdoor establishments shall not be entitled to additional signage.
(6)
The operators of outdoor cafes shall be responsible for maintaining a tidy appearance within the area of their activities.
(7)
Applicants shall consult the relevant Borough ordinances.
Y.
Sidewalk displays.
(1)
Sidewalk displays are permitted directly in front of an establishment, provided at least five feet of clearance is maintained at the storefront entrance or wider if needed for adequate and uncluttered pedestrian access, provided the display cases are located against the building wall and not more than two feet deep, and provided the display area does not exceed 50% of the length of the storefront.
(2)
Display cases shall be permitted only during normal business hours and shall be removed at the end of the business day.
§ 230-158 Architectural design standards and guidelines.
A.
Local context. In the CBD and PO Districts, new buildings shall generally relate in scale and features to other area buildings, showing respect for local context. As a general rule, new construction shall reflect a continuity of treatment obtained by following cornice lines in buildings of the same height; by maintaining base courses; by extending horizontal lines of fenestration; and by echoing architectural materials, details, colors or design themes found in surrounding buildings.
B.
Architectural style.
(1)
A diversity of architectural styles adds interest to a streetscape or neighborhood. No particular architectural styles are preferred, and both contemporary contributions and reinterpretations of older architectural styles with a contemporary flavor are encouraged. However, a diversity of appearance in facades shall be counterbalanced with continuity in massing, wall line and horizontal elements.
(2)
Architectural styles shall be consistent for each building. Stylistic combinations are discouraged, and all architectural elements and exterior details shall be appropriately chosen for the particular style of the building.
C.
Rehabilitations and additions.
(1)
In rehabilitations of older buildings in the CBD District, distinctive stylistic features or characteristic examples of skilled craftsmanship shall be treated with sensitivity. If deteriorated, these architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material shall match the material being replaced in composition, design, color, texture and other visual qualities, whenever feasible.
(2)
The surface cleaning of older structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that damage original materials are discouraged.
(3)
A contemporary flair in alterations and additions to existing properties shall not be discouraged, provided respect for the significant features of the original structure is demonstrated, as well as compatibility.
D.
Corner buildings. In the CBD and PO Districts, buildings on corner lots shall be considered more significant structures, since they have at least two front facades visibly exposed to the street. If deemed appropriate by the reviewing agency, such buildings may be designed with additional height and architectural embellishments relating to their location.
E.
Multiple uses. In buildings with multiple uses, differences between walk-in ground floor commercial uses, such as retail, services and restaurants, and upper-level office or residential uses shall be reflected by differences in facade treatment. Storefronts, display windows and other ground floor openings shall be accentuated through cornice lines. Further differentiation can be achieved through distinct but compatible exterior materials, signs, awnings and exterior lighting.
F.
Massing.
(1)
Buildings shall avoid long, uninterrupted wall or roof planes. Building wall offsets, including both projections and recesses, shall be required in order to provide architectural interest and variety and relieve the visual effect of a single long wall. Similarly, roofline offsets shall be provided in order to provide architectural interest and variety to the massing of a building and relieve the effect of a single long roof.
(2)
Larger buildings shall reduce the appearance of bulk through recesses, offsets, changes of plane, stepped terraces or other devices which break down and articulate building mass.
(3)
In the CBD and PO Districts, buildings shall be massed to reinforce street space and shall exhibit a continuity of facade lines, building height scaled to adjacent structures, and a scale of design features consistent with the surrounding buildings.
G.
Primary elevation.
(1)
The main facade of a building shall be architecturally emphasized through manipulation of the elements of modulation and composition. Expansive blank walls and curtain walls shall not be permitted. Windows shall be required at ground floor level.
(2)
Buildings with more than one frontage on public or semipublic space may be required to provide several primary facade treatments.
H.
Side and rear elevations. The architectural treatment of the front facade shall be continued in its major features around all visibly exposed sides of a building. All sides of a building shall be architecturally designed to be consistent with regard to style, materials, colors and details. Blank wall or service area treatment of side and/or rear elevations visible from the public viewshed shall not be permitted.
I.
Facade composition.
(1)
Facades shall be designed to balance vertical and horizontal elements of composition. In general, facades shall present a vertical division into base, middle or shaft, and capital or cornice, as well as a pattern of horizontal subdivisions into bays, where appropriate. Separation of a facade into these components helps relate a building to the human scale.
(2)
Undifferentiated facades; facades where the vertical elements overwhelm the horizontal elements indicative of changes in level or use; expansive blank walls; or facades with extended horizontal fenestration shall not be permitted.
J.
Horizontal courses.
(1)
All visibly exposed sides of a building shall have an articulated base course and cornice in order to break the wall surface into smaller components and humanize a building's scale. Horizontal courses shall be considered an integral part of a building's design and shall be architecturally compatible with the style, materials, colors and details of the building.
(2)
The base course shall be traditionally proportionate to the overall horizontal and vertical dimensions of a facade and shall align with either the kickplate or sill level of the first story. The cornice shall terminate the top of a building wall, may project out horizontally from the vertical building wall plane and may be ornamented with moldings, brackets and other details appropriate to the building's architectural style. The middle section of a building may be horizontally divided at floor, lintel or sill levels with belt courses.
K.
Roofs.
(1)
The type, shape, pitch, texture and color of a roof shall be considered as an integral part of the design of a building and shall be architecturally compatible with the building's style, materials, colors and details.
(2)
Roof pitch shall be considered as a function of context and building height. Roof pitch shall be a minimum of 8/12 for gable roofs and 6/12 for hip roofs. Flat roofs are permitted on buildings of a minimum of two stories in height, provided all visibly exposed walls have an articulated cornice that projects out horizontally from the vertical building wall plane. Hip or gable roofs are permitted where appropriate to the building type and compatible with the surrounding area. Other types of roofs are permitted if appropriate to the building's architecture. Mansard roofs are not permitted.
(3)
Architectural embellishments that add visual interest to roofs, such as dormers, belvederes, masonry chimneys, cupolas, clock towers and other similar elements, are encouraged, provided they are architecturally compatible with the building.
(4)
In the rehabilitation of older buildings, the design and pitch of the original roof shall be maintained, along with other functional and/or decorative elements such as cornices, dormers, gutters, cupolas and flashing. Replacements shall match as closely as possible the original element in color, material, size and design.
(5)
Rooftop elements (HVAC, mechanical appurtenances, and satellite dishes and other telecommunications receiving devices) shall not be visible from the public right-of-way.
L.
Fenestration.
(1)
Fenestration shall be architecturally compatible with the style, materials, colors and details of a building. Windows shall be vertically proportioned wherever possible. To the extent possible, the location of windows on the upper stories of a building shall be vertically aligned with the location of windows and doors on the ground level, including storefronts or display windows, if any. In new buildings, window proportions shall relate to those in nearby buildings.
(2)
Permitted retail and personal service uses shall have large pane display windows on the ground level. Such windows shall be framed by the surrounding wall and shall not exceed 75% of the total ground-level facade area. All other windows shall be double-hung or casement types.
(3)
In buildings designed in an architectural style that normally has windows with muntins or divided lights, these shall be required. Snap-on types will be permitted, if fitted on the exterior of the window or between the glazing of the window units.
(4)
In the rehabilitation of older buildings, original windows and doors shall be maintained both in number, size, location and expression. In particular, the expression defined by lintel, frame, sill and head shall not be subdued if the original window is replaced by one of modern design.
(5)
Windows and doors shall not be filled in or sized down to fit standardized manufactured components.
(6)
Blank, windowless walls shall not be permitted.
M.
Shutters. When appropriate to the architectural style of a building, shutters shall be provided on all windows fronting a street or visible from the public viewshed. Shutters may be paneled or louvered, shall be made of wood or wood-grained vinyl, shall be appropriately fastened to the window frame, and shall be proportioned to cover half the window.
N.
Entrances.
(1)
All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticos, porches, overhangs, railings, balustrades and others, where appropriate. Any such element utilized shall be architecturally compatible with the style, materials, colors and details of the building as a whole, as shall the doors.
(2)
In the rehabilitation of older buildings, the original entrance features and doors shall be maintained whenever possible. Modern metal or aluminum doors are particularly inappropriate and shall not be permitted.
O.
Storefronts.
(1)
Storefronts are an integral part of a building and shall maintain a consistency with the upper floors in terms of composition, materials, style and detailing. The building's facade shall dictate the storefront's composition in terms of spacing and alignment of door and windows. New storefronts shall be designed to be compatible with the overall character of the facade, to maximize pedestrian interest, and to maintain a pedestrian scale.
(2)
In the rehabilitation of older buildings, the traditional storefront elements, such as entrances, transoms, kickplates, corner posts, signs and display windows, shall be maintained, whenever possible.
(3)
Buildings with multiple storefronts shall be unified through the use of architecturally compatible styles, materials, colors, details, awnings, signage and lighting fixtures on all storefronts.
P.
Physical plant. All air-conditioning units, HVAC systems, exhaust pipes or stacks, elevator housing and satellite dishes and other telecommunications receiving devices shall be thoroughly screened from public view, by using walls, roof elements, penthouse-type screening devices or landscaping, designed to be architecturally compatible with the building's style, materials, colors and details.
Q.
Fire escapes. Fire escapes shall not be permitted on a building's front facade. In buildings requiring a second means of egress pursuant to the Uniform Construction Code, internal stairs or other routes of egress are preferred. Only in exceptional circumstances shall an attached external fire escape be permitted as one of the required means of egress and only if located on a building's rear or side elevation.
R.
Security gates. Solid metal security gates or solid roll-down metal windows shall not be permitted. Link- or grill-type security devices shall be permitted only if installed from the inside, within the window or door frames or, if installed on the outside, if the coil box is recessed and concealed behind the building wall. Security grilles shall be recessed and concealed during normal business hours. Models which provide a sense of transparency, in light colors, are encouraged. Other types of security devices fastened to the exterior walls are not permitted.
S.
Materials, colors and details.
(1)
All materials, colors and architectural details used on the exterior of a building shall be compatible with the building's style, as well as with each other. A building designed of an architectural style that normally includes certain integral materials, colors and/or details shall incorporate them into its design.
(2)
Exterior building materials shall be selected to convey a sense of dignity and permanence to the building. Natural materials and natural colors are preferred. Earth tones are recommended for exteriors, with complementary colors used on trim or details. The following materials and colors are permitted:
(a)
Exterior walls: stone, cast stone, stucco or other smooth-finished-surface masonry; wood horizontal clapboard; and brick, particularly the tan, brown or red varieties traditionally found in commercial building exteriors in the area;
(b)
Roofs: asphalt or cedar shingles, tile, slate, synthetic slate (mineral-fiber-reinforced roofing shingles), and standing or batten seam metal;
(c)
Door trim: wood, stone, steel, anodized aluminum or fiberglass;
(d)
Window trim: wood, stone, steel, anodized aluminum, fiberglass or vinyl; clad wood;
(e)
Cornices: wood, stone or fiberglass;
(f)
Shutters: wood or wood-grained vinyl;
(g)
Awnings: canvas, acrylic or vinyl;
(h)
Gutters, leaders and flashing: galvanized steel, copper, colored anodized aluminum or terne-coated stainless steel.
(3)
The use of bare aluminum or other bare metal materials, metal or glazed curtain walls, Dryvit panels, mirrored glass, glass or plastic panels, thin veneers, exposed concrete block or artificial materials as exterior building materials is not permitted. Aluminum or vinyl siding are strongly discouraged.
(4)
The number of surface materials used on any exterior wall shall be limited to three.
(5)
In renovations, the original materials should be retained and repaired, if possible, or replaced with matching materials, if beyond repair. Unpainted brick should not be disturbed, and masonry facades should not be covered or replaced with artificial siding or panels. In cases where the original facade has been adulterated over time, the inappropriate materials should be replaced to match the original materials, where possible.
T.
Lighting of facades. Light fixtures attached to the exterior of a building shall be architecturally compatible with the style, materials, colors and details of the building. The type of light source used on the exterior of buildings, signs, parking areas, pedestrian walkways and other areas of a site, and the light quality produced, shall be the same or compatible. Facades shall be lit from the exterior and, as a general rule, lights should be concealed through shielding or recessed behind architectural features. The use of low-pressure sodium, fluorescent or mercury vapor lighting, either attached to buildings or to light the exterior of buildings, shall be prohibited. Mounting brackets and associated hardware should be inconspicuous.
U.
Storefront design.
[Amended 7-16-2024 by Ord. No. 24-0287]
(1)
Buildings with frontages having active ground floor uses shall be fenestrated with transparent windows and doors for a minimum of 60% of the street frontage at grade to allow for visibility to the inside of the ground floor uses.
(2)
In no case shall more than 40% of the total area of ground floor windows, including window portions of doors, be covered by signs, arts, murals, paint, opaque panels, or similar treatments.
(3)
In no case shall ground floor windows, including window portions of doors, utilize interior film or reflective, opaque, or tinted glazing.
(4)
In no case shall ground floor windows, including window portions of doors, be blocked by lowered ceilings, shelving, refrigeration units, cases, or other obstructions, except for products displayed by the business that are oriented to the street.
(5)
Ground floor windows may utilize sun shading devices, such as blinds, shades, curtains, or similar window coverings, provided that such devices are utilized only for purposes of reducing solar heat gain through the windows. Shade is encouraged to be accomplished by the use of awnings, overhangs, trellises, and similar treatments.
(6)
These standards shall apply unless superseded by other local, state, or federal law.
V.
Awnings and canopies.
[Amended 7-16-2024 by Ord. No. 24-0287]
(1)
Fixed or retractable awnings are permitted at ground floor level and on upper levels where appropriate, provided they complement a building's architectural style; are compatible with its materials, colors and details; do not conceal architectural features, such as cornices, columns, pilasters or decorative details; do not impair facade composition; and are designed to work within the building's facade subdivisions.
(2)
Awnings shall be sloped having a standard or concave shape. Awnings having a balloon, dome, bullnose, quarter-round, waterfall, and other convex shape shall not be permitted, unless the shape of the opening is arched, in which case an awning shall follow the contour of the opening. Awnings shall not wrap around corners of buildings. The underside of the awning shall remain open.
(3)
The minimum height from grade to lowermost portion of an awning shall be eight feet. Valences shall not exceed more than 12 inches in height. Valences that are unframed and flexible may extend into the vertical clearance area.
(4)
Awnings shall be constructed of a nonvinyl cloth or canvas with a matte finish or material similar in appearance and texture. Metal or aluminum awnings shall be prohibited. Only solid or striped patterns are permitted.
(5)
Canopies shall be permitted to extend over the sidewalk but shall not restrict pedestrian circulation and shall follow the standards set forth for awnings.
(6)
Particular attention shall be taken with selection of the appropriate supporting structure and hardware, as well as with the location and method by which it is attached to the building facade.
(7)
Where multiple awnings and/or canopies are utilized within a single building, such shall be located at the same height and utilize the same shape, material, and color as a means of unifying the structure.
W.
Banners and flags.
(1)
Banners and flags are encouraged, provided they are appropriately scaled to the building and streetscape and do not interfere with facade composition or obscure architectural details. Banners and flags shall be of cotton or heavy Dacron® or nylon, and their colors must complement the colors of the building.
(2)
All relevant signage provisions are applicable to banners and flags.